How has section 654 of the Penal Code been applied in the context of section 12021 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Sult, E055060 (Cal. App. 2013):
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Notes:
1. See People v. Jones (2012) 54 Cal.4th 350, 352.
2. To be consistent with the parties' briefs, and for the sake of clarity, we will simply refer to former section 12021 as section 12021 in this opinion.
3. All further statutory references will be to the Penal Code, unless otherwise noted.
4. The court announced that the total term imposed was 39 years 10 months. However, the terms imposed actually added up to 38 years 10 months. We note that the clerk's transcript and the abstract of judgment correctly state that the total term imposed was 38 years 10 months.
5. The court erroneously referred to the attempted carjacking conviction as count 3. It is count 6.
6. We note that the court included counts 13 and 14 again when it announced the counts to which it was going to apply section 654. The court apparently erred in doing so. (See II., post.)
7. We note that the clerk's transcript and the abstract of judgment reflect that the court imposed a sentence on count 14 and ran it concurrent to the principal count. They do not reflect that the court stayed the sentence on count 14 under section 654. We further observe that the court similarly imposed the sentence on count 13 concurrently and then apparently misspoke in listing count 13 among the sentences to which it applied section 654. The clerk's transcript and abstract of judgment reflect that the court ran the sentence on count 13 concurrent to the principal count, as well. There is no issue on appeal regarding count 13.
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Notes:
1. See People v. Jones (2012) 54 Cal.4th 350, 352.
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