What are the implications of section 654 of the Criminal Code when a defendant is convicted of two counts of aggravated assault committed with the same criminal intent?

California, United States of America


The following excerpt is from People v. Cook, E066709 (Cal. App. 2017):

count 2 were committed with the same criminal intentto steal the victim's property. The People argue that the court properly imposed consecutive sentences on counts 1 and 2 because defendant entertained multiple criminal objectives. Defendant did not object to the imposition of multiple sentences at trial. However, a section 654 claim is not waived by failing to raise it in the trial court. (People v. Hester (2000) 22 Cal.4th 290, 295 (Hester).) We conclude relief is warranted under section 654.

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