People v. Eaves CA2/6

DISCUSSION

The sentences on the resisting convictions Eaves first contends the trial court should have stayed the sentences on counts 2 through 4 instead of running them concurrently with his sentence on count 1. We agree.

3 “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.” (§ 654, subd. (a).) Section 654 applies where a defendant’s criminal conduct consists of a single act or omission, and in instances where a defendant’s course of conduct violates more than one statute but nevertheless constitutes an indivisible transaction. (People v. Butler (1986) 184 Cal.App.3d 469, 472.) It does not apply if the defendant commits a crime of violence against multiple victims. (People v. Oates (2004) 32 Cal.4th 1048, 1063.) Here, Eaves was convicted of displaying a deadly weapon to avoid arrest and three counts of resisting arrest based on a single act: lying on his bed while displaying a knife. But resisting arrest is not a crime of violence (People v. Smith (2013) 57 Cal.4th 232, 245 [section 148 involves the act of…