Can a defendant be sentenced on two of his three convictions for driving with a suspended license?

California, United States of America


The following excerpt is from People v. Lahooti, B246509 (Cal. App. 2014):

Defendant contends, and the Attorney General aptly concedes, Penal Code section 654 precludes sentencing defendant on two of his three misdemeanor convictions for driving with a suspended license. There was just one act of driving that violated two statutory sections for three reasons. Pursuant to Penal Code section 654, which prohibits punishment for several crimes arising from a single, indivisible course of conduct (People v. Latimer (1993) 5 Cal.4th 1203, 1208), defendant may be punished for only one of the three convictions. Because the sentence imposed for each was the same, it is of no consequence which counts are stayed. Accordingly, we modify the judgment to stay counts 3 and 4.

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