Does section 654 of the California Criminal Code require a stay on the sentence of a defendant convicted of making a threat to kill a witness?

California, United States of America


The following excerpt is from People v. Cantrell, E064076 (Cal. App. 2016):

Cantrell compares himself to the defendant in People v. Mendoza, supra, 59 Cal.App.4th 1333who made a single statement to a victim and was convicted of both dissuading a witness ( 136.1) and criminal threats ( 422)where section 654 required a stay on the sentence for his conviction for criminal threats. (See People v. Mesa, supra, 54 Cal.4th at pp. 199-200.) The offenses here occurred on the same day but they were separate and distinct offenses with different intents and objectives.

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