Is section 654 of the California Criminal Code Amendment Amendment 654 an inapplicable enhancement?

California, United States of America

The following excerpt is from People v. Jones, 22 Cal.Rptr.2d 753, 5 Cal.4th 1142, 857 P.2d 1163 (Cal. 1993):

"In People v. Warinner (1988) 200 Cal.App.3d 1352, 1355 [247 Cal.Rptr. 197] we held that section 654 is inapplicable to enhancements because they prescribe increased punishment; they do not define an offense. Our dicta to the contrary in the earlier case of People v. Holding (1987) 197 Cal.App.3d 981 [243 Cal.Rptr. 512] was based on a case since depublished. We therefore disapprove that dicta." (People v. Rodriguez, supra, 206 Cal.App.3d at p. 519, 253 Cal.Rptr. 633.)

"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

Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)

Does section 654 of the California Criminal Code apply to a criminal threat enhancement attached to the criminal threats charge? (California, United States of America)

Does section 654 of the California Criminal Code apply to enhancements under section 288 of the Criminal Code? (California, United States of America)

Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)

Does Section 415 of the California Criminal Code need to be amended or amended to prevent a defendant from being arrested under section 415? (California, United States of America)

Does a court violate section 654 of the California Criminal Code by imposing both a firearm enhancement and a great bodily injury enhancement under section 12022.7, subdivision (a), both at trial? (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)

Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)

Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)

What is the effect of using section 654 rather than section 667.6 of the California Criminal Code when rejecting a defendant's claim that three criminal offences arose from the same incident? (California, United States of America)

Is section 654 of the California Criminal Code Amendment Amendment 654 an inapplicable enhancement?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources