What is the test for a defendant to argue that a consecutive sentence on a burglary conviction violates section 654 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Spencer, G045566, G046182, Super. Ct. No. 10WF2324 (Cal. App. 2012):
Defendant relies on People v. Le (2006) 136 Cal.App.4th 925, but that case is inapt. In Le, the appellate court held that a consecutive sentence on a burglary conviction violated section 654 and that trial counsel was ineffective concerning excessive restitution and parole revocation fines. (Id. at p. 928.) But trial counsel's error
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