Is a sentence for failing to attend a joint hearing on two separate charges under section 654 of the California Penal Code against a defendant convicted of failing to appear at the hearing of both insufficient funds cases?

The single act test is applicable here. "Although section 654 does not expressly preclude double punishment when an act gives rise to more than one violation of the same Penal Code section ..., it is settled that the basic principle it enunciates precludes double punishment in such cases also. [Citations.]" (Neal v. State of California, supra, 55 Cal.2d 11, 18, fn. 1, 9 Cal.Rptr. 607, 357 P.2d 839.) "Insofar as only a single act is charged as the basis for the conviction, ... the defendant can be punished only once.... [p ] Few if any crimes, however, are the result of a single physical act." (Id. at p. 19, 9 Cal.Rptr. 607, 357 P.2d 839.)

This case presents a situation addressed in Neal v. State of California, supra, 55 Cal.2d at page 19, 9 Cal.Rptr. 607, 357 P.2d 839: two convictions resulting from a single physical act but which can be punished only once. Though appellant was separately charged in two insufficient funds cases, he was sentenced twice for failing to appear for one joint hearing, both cases being set for hearing on the same date at the same time and at the same place. Appellant could only not appear once under the peculiar facts of this case. Accordingly, the sentence on count III should be stayed.

[215 Cal.App.3d 1376]