What is the effect of using section 654 rather than section 667.6 of the California Criminal Code when rejecting a defendant's claim that three criminal offences arose from the same incident?
California, United States of America
The following excerpt is from People v. Quijano, D065968 (Cal. App. 2014):
Although the court referenced section 654 rather than section 667.6 when rejecting defendant's claim the three offenses arose from the same incident, any error in this regard was harmless because there is no reasonable probability the court would have made a same-occasion finding had it explicitly considered section 667.6. (See People v. Scott, supra, 9 Cal.4th at p. 355 [no reversal for failure to articulate sentencing choices absent
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