Is a defendant's sentence for unlawfully taking or driving a vehicle in count 5 of the California Vehicle Accused Robbery and Vehicle Theft Act stayed?

California, United States of America


The following excerpt is from People v. McGrail, E064766 (Cal. App. 2016):

The parties agree that if there is sufficient evidence to support defendant's robbery conviction on count 3for which he was sentenced to six years in prisonhis eight-month sentence for unlawfully taking or driving a vehicle in count 5 should be stayed pursuant to section 654 because the robbery and vehicle theft constituted an indivisible course of action. Section 654 bars multiple punishment for both a single act that violates more than one criminal statute and multiple acts, where those acts comprise an indivisible course of conduct incident to a single criminal objective and intent. (People v. Latimer (1993) 5 Cal.4th 1203, 1208.)

Other Questions


Is unlawfully driving or taking a vehicle a crime that is not considered a "grand theft auto" under section 490.2 of the California Vehicle Code? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Can a defendant be charged with a misdemeanor under Proposition 47 of the California Criminal Code for unlawful driving or taking a vehicle? (California, United States of America)
Does the term "unlawfully driving or taking a vehicle" in Proposition 47 apply to motor vehicle theft? (California, United States of America)
Can a defendant be convicted of unlawful taking and unlawful driving in a motor vehicle case? (California, United States of America)
What is the sentence for a defendant who was convicted of vehicle theft and has appealed against his sentence? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
Is a person who has unlawfully taken a vehicle in violation of section 10851 of the California Motor Vehicle Code entitled to sentencing relief under Proposition 47? (California, United States of America)
Does a defendant have to serve the determinate sentences on counts 2 (robbery) and 3 (kidnaping) pending completion of his life sentence for murder? (California, United States of America)
Does the non-violent crime of unlawful driving or taking a vehicle trigger a longer sentence under the Three Strikes Act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.