Does section 654 of the California Criminal Code require the Court to stay execution of sentence for sexual battery?

California, United States of America

The following excerpt is from People v. Moore, D069265 (Cal. App. 2016):

punishment, the trial court must stay execution of sentence on the convictions for which multiple punishment is prohibited." (People v. Reed (2006) 38 Cal.4th 1224, 1227.)
We apply a substantial evidence standard of review when determining whether section 654 applies. "The determination of whether there was more than one objective is a factual determination, which will not be reversed on appeal unless unsupported by the evidence presented at trial." (People v. Saffle (1992) 4 Cal.App.4th 434, 438; see also People v. Osband (1996) 13 Cal.4th 622, 730 [approving substantial evidence standard of review as stated in Saffle].)

2. Sentence for Sexual Battery in Count 3

"The most advanced legal research software ever built."

Try it today free of charge!

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.

Other Questions

Is a sentencing court acting in excess of its jurisdiction and imposes an unauthorized sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code? (California, United States of America)

Is a sentence imposed under section 667.61 of the California Criminal Code requiring that the sentences imposed under that section be served consecutively? (California, United States of America)

If a court imposes a sentence that is unenforceable under section 1170.1, subdivision (i) of the California Criminal Code, can a reviewing court correct that sentence? (California, United States of America)

Does Section 654, subdivision (a) of the California Criminal Code require a trial court to stay the execution of a sentence in all counts? (California, United States of America)

What is the proper procedure for a sentencing court to stay execution of a sentence under section 654 of the California Criminal Code? (California, United States of America)

For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)

Can a sentence under section 654 of the California Criminal Code be challenged at the Court of Appeal on the grounds that the sentence was improperly sentenced? (California, United States of America)

Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)

Does section 654 of the California Criminal Code require a court to stay execution of sentence on all counts of assault? (California, United States of America)

Does section 1170(d)(1) of the California Criminal Code give the trial court authority to resent the sentence of a defendant pursuant to Section 1170 of the Criminal Code? (California, United States of America)

Does section 654 of the California Criminal Code require the Court to stay execution of sentence for sexual battery?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources