Is subdivision (c) of section 654 of the California Criminal Code valid for purposes of applying to Section 654?

California, United States of America


The following excerpt is from People v. Anderson, 221 Cal.App.3d 331, 270 Cal.Rptr. 516 (Cal. App. 1990):

The two possible constructions of subdivision (c), however, are not equally reasonable. The interpretation that subdivision (c) does not create an exception to application of section 654 for offenses which form an indivisible transaction would leave entirely without meaning the statutory language "whether or not the crimes were committed during a single transaction." "[A] statute should not be given a construction that results in rendering one of its provisions nugatory. [Citations.]" (People v. Craft, supra, 41 Cal.3d 554, 560,

Page 524

Other Questions


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)
What is the difference between Section 667.5, subdivision (b) of the California Criminal Code and section 667, subdivision 5, of the Criminal Code? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (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 Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Does Section 12022.7, subdivision (a) of the California Criminal Code apply to a defendant who was convicted of grievous bodily harm for the purposes of a criminal street gang? (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 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
Does a prior conviction under section 666.5, subdivision 667, subdivision (a) of the California Criminal Code apply to section 667.5? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.