What is the effect of section 654 of the California Criminal Code on a defendant's sentence for a prior conviction for assault?
California, United States of America
The following excerpt is from State v. Solis, 109 Cal.Rptr.2d 464, 90 Cal.App.4th 1002 (Cal. App. 2001):
Defendant contends, and the Attorney General concedes pursuant to the authority of People v. Jones (1993) 5 Cal.4th 1142, that the trial court erred in imposing enhancements for the prior conviction pursuant both to section 667, subdivision (a)(1) and section 667.5, subdivision (b). We therefore will order the one-year enhancement stricken from defendant's sentence. (Id. at p. 1153.)
Section 654
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