Does section 654 of the California Criminal Code require a concurrent or consecutive sentence for one crime of violence against a different victim?

California, United States of America


The following excerpt is from The People v. Rasmussen, A125942, No. CR084607S (Cal. App. 2010):

1208, 1216;Moseley, at p. 1603.) When a defendant is convicted under two statutes for one indivisible course of conduct, section 654 requires that the sentence for one conviction be imposed, and the other imposed and then stayed. (Deloza, at pp. 591592.) Section 654 "does not allow any multiple punishment, including either concurrent or consecutive sentences. [Citation.]" (Deloza, at p. 592.) However, "[t]here is a multiple victim exception to [section 654] which allows separate punishment for each crime of violence against a different victim, even though all crimes are part of an indivisible course of conduct with a single principal objective." (People v. Felix (2009) 172 Cal.App.4th 1618, 16301631, citing People v. McFarland (1989) 47 Cal.3d 798, 803.)

"Whether section 654 applies in a given case is a question of fact for the trial court, which is vested with broad latitude in making its determination. [Citations.] Its findings will not be reversed on appeal if there is any substantial evidence to support them. [Citations.] We review the trial court's determination in the light most favorable to the respondent and presume the existence of every fact the trial court could reasonably deduce from the evidence. [Citation.]" (People v. Jones (2002) 103 Cal.App.4th 1139, 1143.) Sentencing errors under section 654 cannot be waived and are corrected on appeal regardless of whether the appellant raised the point in the trial court. (People v. Lopez (2004) 119 Cal.App.4th 132, 138.)

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