Can a conviction for a charge of assault be reduced to a charge under section 654 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Crowder, 79 Cal.App.4th 1365, 94 Cal.Rptr.2d 633 (Cal. App. 2000):

At sentencing, the trial court concluded counts one and two must be treated as section 654 offenses based upon People v. Holly (1976) 62 Cal.App.3d 797. It reluctantly found there was no legal basis to vacate the misdemeanor sentence on count two. This being the case, it imposed a five-year sentence on count one (middle term of four years plus one year for the prior prison term). The trial court then stayed the felony sentence on count one based upon Penal Code section 654 and the fact Crowder had been sentenced previously on count two. It ordered the felony sentence on count one deemed served upon completing of the misdemeanor sentence on count two.

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