Can a defendant withdraw his plea under section 654 of the California Criminal Code because the indicated sentence was recited on the record?

California, United States of America


The following excerpt is from People v. Guzman, No. E049048 (Cal. App. 5/21/2010), No. E049048. (Cal. App. 2010):

Defendant's section 654 claim was not asserted when the indicated sentence was recited on the record. Nor was a claim asserted when defendant was sentenced. "Had defendant been truly surprised at the time of sentencing to find that concurrent terms were being imposed [instead of terms being stayed under section 654], his remedy would have been to attempt to withdraw his plea on the grounds of violation of the plea bargain. [Citation.] He did not do so." (People v. Hester (2000) 22 Cal.4th 290, 296.) Accordingly, defendant's section 654 claims have been forfeited.

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