Does section 654 of the Criminal Code bar multiple convictions arising out of a single act or omission but to bar multiple punishments for those convictions?

California, United States of America


The following excerpt is from People v. Campbell, B283615 (Cal. App. 2018):

multiple convictions arising out of a single act or omission, but to bar multiple punishments for those convictions. (People v. Mesa (2012) 54 Cal.4th 191, 195.)

The proscription under section 654 includes the imposition of concurrent terms because the defendant is deemed to be subjected to both sentences even though they are served simultaneously. (People v. Jones (2012) 54 Cal.4th 350, 353 (Jones).) Thus, although there is little practical difference between the two approaches, "the accepted 'procedure is to sentence defendant for each count and stay execution of sentence on certain of the convictions to which section 654 is applicable.' [Citations.]" (Ibid.)

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