How have courts considered section 954 of the Criminal Code when sentencing a defendant under section 654 under Section 654?

California, United States of America


The following excerpt is from People v. Guerrero, E065307 (Cal. App. 2017):

section 954 when sentencing defendant, and we do not assume the trial court inappropriately relied on section 954 when sentencing defendant. "'It is generally presumed that a trial court has followed established law [citation].'" (People v. DeGuzman (1996) 49 Cal.App.4th 1049, 1053.) The trial court merely stated it denied defense counsel's request not to stay sentencing on count 2 under section 654 because "[t]he elements are different and the facts of the case sufficient enough for me to deny." This statement simply supports the determination that sentencing the crimes separately was appropriate because the two convictions were based on separate, independent criminal acts, which do not have overlapping elements requiring the same evidence to prove each crime.

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