What is the effect of section 654 of the California Criminal Code on the sentence of a man convicted of two counts of sexual assault?

California, United States of America

The following excerpt is from People v. Rhudy, D070773 (Cal. App. 2017):

The court also found both crimes were committed in a single period of aberrant behavior and that they had objectives which were dependent on each other. When a court finds that section 654 prohibits multiple punishment for several counts, it must stay the sentence for all but the most serious offense. (People v. Alford (2010) 180 Cal.App.4th 1463, 1471.) Unfortunately, nobody brought the error to the trial court's attention, so it is our task to remedy the error.

We will modify the sentence by ordering the sentence for count 2 to be stayed pursuant to section 654.

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