Can a defendant's conviction for false imprisonment be considered a concurrent sentence under section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Robertson, C080826 (Cal. App. 2020):

Imposition of a concurrent sentence is punishment and thus precluded by section 654. (People v. Duff (2010) 50 Cal.4th 787, 796.) Thus, we conclude it was error for the trial court to impose a concurrent sentence for the false imprisonment conviction (count 2). Execution of that sentence should have been stayed. (Id. at p. 796.) We will modify the judgment to reflect that execution of the sentence imposed for defendant's conviction for false imprisonment is stayed pursuant to section 654.

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