When a defendant is convicted of a felony murder based on robbery, can he stay the sentence for the attempted robbery of the victim?

California, United States of America


The following excerpt is from People v. Propker, B240210 (Cal. App. 2013):

Defendant's argument is correct insofar as it concerns the sentence for E.H., the murder victim. (People v. Meredith (1981) 29 Cal.3d 682, 695-696 [robbery sentence must be stayed when defendant convicted of felony murder based on robbery].) Thus, the sentence must be modified to stay punishment for the attempted robbery of E.H. However, section 654 does not prohibit separate punishment for the attempted robbery of D.H. (People v. Young (1992) 11 Cal.App.4th 1299, 1312 [when one person is robbed and a different person is killed, a defendant may be punished for both crimes].)

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