In Re Hayes

Good Law

70 Cal. 2d 604

Supreme Court of CaliforniaMarch 17, 1969Crim. No. 11647California6,336 words

Opinion

On December 30, 1966, petitioner David Oliver Hayes drove a motor vehicle for some 13 blocks in violation of Vehicle Code section 14601 (with knowledge of a suspended license) and Vehicle Code section 23102 (while under the influence of intoxicating liquor). He pleaded guilty to and was sentenced for both offenses.petitioner now asserts that imposition of sentences for both violations is contrary to the proscription against multiple punishment contained in Penal Code section 654. We have concluded that petitioner's contention lacks merit.

[1] Section 654 provides that "An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one. ..." The interdiction is not limited to the provisions of the Penal Code, but embraces penal provisions in other codes as well, including those found in the Vehicle Code. (Neal v. State of California (1960) 55 Cal.2d 11 , 18 fn. 1 [ 9 Cal.Rptr. 607 , 357 P.2d 839 ]; People v. Kehoe (1949) 33 Cal.2d 711 [ 204 P.2d 321 ].)

[2] The key to application of section 654 is in the phrase "act or omission": a…

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Judges

Mosk

Cites (53)

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