What is the effect of the court's decision not to impose a sentence on the robbery conviction of defendant's second-degree felony-murder conviction?

California, United States of America


The following excerpt is from People v. Thompson, C085115 (Cal. App. 2018):

As we have discussed, the trial court sentenced defendant to the mandatory lesser sentence for count one, life imprisonment without parole. ( 190.2, subd. (a).) The court's oral pronouncement of judgment failed to impose any sentence for defendant's robbery conviction (count two). The abstract of judgment indicates the court stayed imposition of a sentence on count two pursuant to section 654. The minute order is silent as to count two, though it notes pages one through nine of the probation report are imposed as modified. The probation report recommended that any time imposed for count two be stayed pursuant to section 654. The oral pronouncement of judgment controls. (People v. Mitchell (2001) 26 Cal.4th 181, 185.) Defendant argues the sentence

Page 21

on count two must be stayed pursuant to section 654. The People do not contend otherwise, but request that we remand the matter to the trial court so that it may exercise its discretion and correct the discrepancy between its oral pronouncement of sentence, minute order and abstract of judgment. We agree with defendant that the sentence on count two had to be stayed because section 654 bars separate punishment for the robbery where it necessarily formed the basis for his first-degree felony-murder conviction and the finding on the robbery-murder special-circumstance allegations. (People v. Hensley (2014) 59 Cal.4th 788, 828.) We shall direct the court to impose and stay sentence on the robbery conviction.

Other Questions


Is a defendant entitled to a reduced sentence from a sentencing court where the sentencing court was unaware of the scope of its discretionary powers? (California, United States of America)
Is there any case law in which a defendant has argued that a sentence imposed by a court was wrong when it imposed a prison term on a convicted rapist? (California, United States of America)
What is the effect of a court's failure to impose a minimum sentence on a defendant's conviction for theft and receipt? (California, United States of America)
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
Can a defendant who entered into a plea bargain in return for a less lenient sentence at the appellate court challenge the sentence imposed by the trial court? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Can a sentencing court impose consecutive sentences on a defendant who has been convicted of two or more crimes? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
In a motion for review of a conviction for assault and robbery, in what circumstances will the Court uphold the conviction of defendant as a result of insufficient evidence to support the judgment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.