When a defendant is convicted of a burglary and assault charge under section 654 of the California Criminal Code, is the assault charge stayed?
California, United States of America
The following excerpt is from People v. Mendoza, C084497 (Cal. App. 2018):
The People concede a single error under section 654; they agree the assault charge should have been stayed. "When a defendant is convicted of burglary and the intended felony underlying the burglary, section 654 prohibits punishment for both crimes." (People v. Islas (2012) 210 Cal.App.4th 116, 130.)
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