Does section 654 of the Criminal Code apply to a defendant's sentence pursuant to section 667.5 enhancement to his sentence for a previous robbery?

California, United States of America


The following excerpt is from People v. Medina, 206 Cal.App.3d 986, 254 Cal.Rptr. 89 (Cal. App. 1988):

The trial court here, however, did not use the same underlying facts to twice enhance the defendant's sentence in violation of section 654. Instead, the trial court enhanced the defendant's sentence for a serious prior felony pursuant to section 667 based upon one conviction of robbery. The section [206 Cal.App.3d 991] 667.5 enhancement was applied to a separate and distinct conviction of robbery based upon different facts. This does not violate the bar of section 654 against multiple punishments for the same criminal act. For this reason we decline to follow People v. James, supra, 170 Cal.App.3d 164, 167, 216 Cal.Rptr. 24.

Other Questions


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 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 a new enhancement pursuant to section 667.5, subdivision (b) of the California Criminal Code apply to a defendant where the prior sentence was for a crime committed after the crime was committed? (California, United States of America)
Can a defendant who served a prior prison sentence for non-sexually violent crimes receive additional enhancements to his sentence under section 12022.6 of the California Criminal Code when his sentence is not yet final? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
How have courts considered section 954 of the Criminal Code when sentencing a defendant under section 654 under Section 654? (California, United States of America)
What are the reasons for a sentencing court to sentence a defendant to two consecutive terms of consecutive sentences under section 654 of the Criminal Code? (California, United States of America)
Does section 12022.7 of the Criminal Code apply to an enhancement to the sentence of a defendant convicted of a charge of assault with intent to pervert the course of justice? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Does section 654 of the California Criminal Code apply to enhancements under section 288 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.