What is the test for a motion to resent sentencing on count 2 for misdemeanor battery pursuant to section 654 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. McCulley-Boyer, 2d Crim. No. B280103 (Cal. App. 2018):
On count 2 for misdemeanor battery ( 243, subd. (e)), the trial court erred in staying the count pursuant to section 654 without imposing sentence. "A trial court must impose sentence on every count but stay execution as necessary to implement section 654." (People v. Alford, supra, 180 Cal.App.4th at p. 1472.) We remand for resentencing.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 1170(d)(1) of the California Criminal Code give the trial court authority to resent the sentence of a defendant pursuant to Section 1170 of the Criminal Code? (California, United States of America)
Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Can a convicted criminal who has completed his sentence for a crime that was reduced to a misdemeanor under Proposition 47, under section 1170.18 of the California Criminal Code, appeal against his sentence? (California, United States of America)
Is the sentence as to count 2 of the 2 counts of perjury stayed pursuant to section 654 of the California Criminal Code? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Can a defendant be punished under section 654(1) of the California Criminal Code for failing to comply with the requirements of Section 654 of the Criminal Code? (California, United States of America)
Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)
