Does a trial court have to satisfy the requirements of section 654 of the California Criminal Code by sentencing a defendant to time served on a charge of assault with intent to rape?
California, United States of America
The following excerpt is from People v. O'Rourke, C071905 (Cal. App. 2015):
Where a felony and misdemeanor fall within the purview of section 654, the trial court may satisfy the statute by sentencing on the greater offense and granting credit for time served on the lesser misdemeanor charge. (People v. Crowder (2000) 79 Cal.App.4th 1365, 1370-1371.)
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