People v. Walker CA5

DISCUSSION

I. Section 654

Defendant contends his sentence on count 2 should be stayed pursuant to section 654, because both his convictions for count 1 and count 2 resulted from the same underlying act. The People agree. We agree with the parties. A. Background There was one act—the fight between defendant and Rodney—and one victim— Rodney. At the sentencing hearing, the prosecutor pointed out that there was an issue with the concurrent sentences under section 654, and the trial court expressly found that the two counts “[arose] from the same situation or fact pattern.” However, defendant was sentenced on count 1 to eight years plus a three-year enhancement and on count 2 to a term of eight years, to be served concurrently with count 1. B. Law Section 654 provides:

“An act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other.” (§ 654, subd. (a).)

3. Section 654 limits punishment for multiple…