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eBook details

• Title: People v. Kramer
• Author : In the Supreme Court of California
• Release Date : January 23, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Sometimes a single act constitutes more than one crime. When that happens, the person committing the act can be convicted of each of those crimes, but Penal Code section 654 prohibits punishing the person for more than one of them. When a defendant is convicted of two or more offenses for which section 654 prohibits multiple punishment, the trial court must impose sentence for one of them and stay imposition of sentence for the others. (See People v. Norrell (1996) 13 Cal.4th 1 (Norrell).) In Norrell, we interpreted section 654 as allowing the court to impose sentence for any of the offenses and not necessarily for the most serious one. A year later, the Legislature amended section 654 so that, as relevant here, it now provides: "(a) An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." (Sen. Bill No. 914 (1997-1998 Reg. Sess.), enacted as Stats. 1997, ch. 410, § 1.) We granted review to decide an issue arising under this amended version of section 654.

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