Does the waiver doctrine apply to section 654 sentencing issues?
California, United States of America
The following excerpt is from People v. Carter, A154643 (Cal. App. 2019):
4. Defendant maintains the issue is not waived because the waiver doctrine " 'does not apply to section 654 sentencing issues.' " Section 654 sentencing issues can be raised for the first time on appeal (see People v. Perez (1979) 23 Cal.3d 545, 550, fn. 3 ["waiver doctrine does not apply to questions involving the applicability of section 654"]). However, defendant's claim of error is based on section 1170, not section 654.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the waiver doctrine apply to sentencing under section 654 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 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)
What is the effect of the one third-the-midterm rule of section 1170.1, subdivision (a) under section 654 of the California Criminal Code when applying to stay a sentence under Section 654? (California, United States of America)
Does Section 490.2 and Section 1170.18 of the California Penal Code apply to a defendant who has completed his or her sentence for a felony conviction? (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 the provocative act murder doctrine apply when the felony-murder doctrine does not apply? (California, United States of America)
Does the Court have jurisdiction to issue an "unauthorized" sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (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)
