Can Section 654 of the California Criminal Code apply to a defendant's sentence?

California, United States of America


The following excerpt is from People v. Galayan, B258290 (Cal. App. 2016):

In order to effect the application of section 654, we could either modify the sentence or remand for another sentencing hearing. In light of the trial court's careful and complex sentencing, it would be unwise for us to modify defendant's sentence on our own. "Courts view an aggregate prison term as one term made up of interdependent components. Thus, we cannot retain portions of the prior judgment; the invalidity of some of the components of [a defendant's] sentence requires us to remand for resentencing. [Citations.]" (People v. Baylor (1989) 207 Cal.App.3d 232, 237.) Instead we will remand to allow the trial court to conduct a new sentencing hearing which shall include the application of section 654 in the manner we have set forth. In applying section 654, the court shall identify the statute (either 210.5 or 136.1, subd. (c)(1)) that has the "longest potential term of imprisonment" ( 654, subd. (a)), sentence on that statute, and stay the sentence on the other offense.

4. Section 654 and the Enhancements

Other Questions


Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
Does section 1170(d)(1) of the California Criminal Code give the trial court authority to resent the sentence of a defendant pursuant to Section 1170 of the Criminal Code? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 654 of the Criminal Code apply to a defendant's sentence pursuant to section 667.5 enhancement to his sentence for a previous robbery? (California, United States of America)
What is the effect of the one third-the-midterm rule of section 1170.1, subdivision (a) under section 654 of the California Criminal Code when applying to stay a sentence under Section 654? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Does Section 1170.1 of the California Criminal Code apply to sentencing a defendant who has been convicted of multiple criminal convictions for the same crime? (California, United States of America)
Does section 1305, subdivision (b) of the California Criminal Code, section 977 of the Criminal Code apply to a defendant's right to be present at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.