Posted On: January 14, 2010
SAN DIEGO CRIMINAL DEFENSE: MULTIPLE SENTENCES FROM A SINGLE ACT
Penal Code section 654 bars multiple sentences from a single act. Here, the defendant was convicted of theft and burglary, the target of the burglary being the theft. Obviously, California Penal Code 654 applies, so the trial court sentenced the defendant on the burglary and deferred sentencing on the theft.
This California Court of Appeal struggles over precisely how 654 is to be implemented, and concludes that the trial court is to impose sentence on the burglary, and then impose and stay execution of the sentence on the theft.
People v. Alford; 2010 DJ DAR 627; DJ, 1/14/10; C/A 3rd
