Does section 654 of the Penal Code apply when a sentence is given to a defendant who committed two separate crimes at the same time?
California, United States of America
The following excerpt is from The People v. Batchelor, B216798, No. BA338630 (Cal. App. 2010):
9. The trial court did not make a specific finding that section 654 did not apply, but we imply such a finding when consecutive sentences are imposed. "In the absence of any reference to Penal Code section 654 during sentencing, the fact that the court did not stay the sentence on any count is generally deemed to reflect an implicit determination that each crime had a separate objective." (People v. Tarris (2009) 180 Cal.App.4th 612, 626.)
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