In what circumstances will a court allow a defendant to appeal against his conviction for assault with great bodily injury force under section 654 of the Criminal Code?

California, United States of America

The following excerpt is from People v. Farmer, B293994 (Cal. App. 2019):

In People v. Reeves (2001) 91 Cal.App.4th 14 (Reeves), the defendant broke into the victim's home and assaulted her while she was in bed. (Id. at pp. 22-23.) He was convicted of burglary and assault with great bodily injury force, and the trial court imposed great bodily injury enhancements on both convictions. (Id. at pp. 54-55.) On appeal, the court held section 654 required one of the enhancements be stayed, given both enhancements arose out of a single assault against a single victim. (Id. at pp. 56-57.) In so holding, the court noted the absence of evidence making the assault divisible. (Id. at p. 57.)

Page 13

"The most advanced legal research software ever built."

Try it today free of charge!

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

Can a defendant appeal his convictions for assault and assault against the Court of Appeal for failing to instruct the jury on personal use of a deadly weapon and personal infliction of great bodily injury enhancements? (California, United States of America)

Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)

What is the effect of section 654 of the Criminal Code of Ontario's Criminal Code when a court finds that a conviction is subject to the provisions of Section 654, subdivision (a) of the Act of the Court of Justice? (California, United States of America)

What is the standard of review required by the Court of Appeal for a finding of force likely to cause great bodily injury under section 245(c) of the Criminal Code? (California, United States of America)

How have courts interpreted section 654 of the California Criminal Code when a defendant is convicted of a sex offence under both sections of the S. 654(1) and (2) of the Criminal Code? (California, United States of America)

In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code? (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)

Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)

Can a defendant appeal his conviction for assault by means of force likely to produce great bodily injury? (California, United States of America)

Can a defendant appeal against his conviction under section 245 of the Criminal Code under section 1237.5 of the Code of Civil Procedure? (California, United States of America)

In what circumstances will a court allow a defendant to appeal against his conviction for assault with great bodily injury force under section 654 of the Criminal Code?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources