Does section 654 of the One Strike Act apply?

California, United States of America


The following excerpt is from People v. Andrade, 190 Cal.Rptr.3d 442, 238 Cal.App.4th 1274 (Cal. App. 2015):

Preliminarily, the Attorney General asserts section 654 does not apply because the One Strike law is an alternative sentencing scheme, citing People v. Anderson (2009) 47 Cal.4th 92, 102, 97 Cal.Rptr.3d 77, 211 P.3d 584 [Like the Three Strikes law, the One Strike law is an alternative sentencing scheme... .].) While appellant appears to concede the issue, he argues that a One Strike term plainly is added punishment under section 654... . (Italics omitted.) As we shall explain, even if section 654 is applicable, it does not preclude the sentence imposed.

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