What is the effect of section 654 of the California Criminal Code on the sentence imposed on a false imprisonment conviction?

California, United States of America


The following excerpt is from People v. Pleasant, F067102 (Cal. App. 2014):

The court's remarks and its finding set forth above related to the applicability of section 654 to the count 1 and count 4 offenses only. The court made no mention of the sentence imposed on the false imprisonment conviction. As indicated above, where, as here, a sentencing court imposes concurrent terms, the court has made an implied finding that those offenses were not committed pursuant to a single intent and objective. This conclusion is strengthened by the following basic tenet of appellate review: "'A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown. This is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.'" (Denham v. Superior Court (1970) 2 Cal.3d 557, 564, second italics added.)

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