Does a defendant have to serve concurrent sentences on counts 2 and 3 of the murder, robbery and assault charges against him?

California, United States of America


The following excerpt is from People v. Fuentes, G048719 (Cal. App. 2014):

Defendant argues, and the Attorney General agrees, that the sentences on counts 2 and 3 should have been stayed, pursuant to Penal Code section 654. The three crimes of which defendant was convictedmurder, robbery, and burglarywere committed with the single objective of stealing the victim's property. Defendant may only be punished once because "all of the crimes were merely incidental to, or were the means of accomplishing or facilitating one objective." (People v. Perry (2007) 154

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Cal.App.4th 1521, 1525.) Further, the crimes were not temporally separated, which would have given defendant the opportunity to reflect on his actions and form an intent to continue his criminal course of conduct. (People v. Andra (2007) 156 Cal.App.4th 638, 640.) Because defendant had the same objective during the commission of the three crimes, and the crimes were not temporally separated, the concurrent sentences imposed on counts 2 and 3 must be stayed.

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