Does the active participation provision in section 654 of the California Civil Code of Civil Procedure provide an exemption to the application for Section 654?

California, United States of America


The following excerpt is from People v. Guzman, E050850 (Cal. App. 2012):

We can find no language in the declared legislative intent ( 186.21), or the provision itself, creating an exemption to the application for section 654. For example, there is no express reference to section 654. ( 186.21, 186.22.) Further there is not an implied reference to section 654, such as "notwithstanding any other law" or similar language to the same effect. (See People v. Palacios, supra, 41 Cal.4th at p. 730 [the phrase "'notwithstanding any other provision of law'" created an exception to the application of section 654].) Since there is nothing in the statute or declared intent specifically creating an exception to section 654, we conclude the active participation provision was not meant to be interpreted as a specific statute that trumps the general rule set forth in section 654.

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