Does section 654(c) of the California Penal Code prohibit full term sentences for multiple sexual crimes committed during a single transaction?
California, United States of America
The following excerpt is from People v. Hicks, 25 Cal.Rptr.2d 469, 6 Cal.4th 784, 863 P.2d 714 (Cal. 1993):
We also observe that in People v. Perez, supra, 23 Cal.3d 545, 153 Cal.Rptr. 40, 591 P.2d 63, which was decided prior to the enactment of section 667.6(c), we held that section 654 does not prohibit multiple punishment for multiple sexual offenses committed as part of "an otherwise indivisible course of conduct." (23 Cal.3d at p. 551, 153 Cal.Rptr. 40, 591 P.2d 63.) Therefore, it would have been unnecessary to use the phrase "whether or not the crimes were committed during a single transaction" to describe those offenses for which consecutive full-term sentences were permitted under section 667.6(c), if such multiple punishment could be imposed only for sexual offenses.
1 Statutory references are to the Penal Code unless otherwise indicated.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
