Multiple Punishments for the Same Words
In People v. Eric Shawn Adams, et al, H030529, filed May 20, 2008, appellant contended that multiple punishments imposed for counts 3 and 4 violated Penal Code section 654's bar against multiple punishments for the same words and conduct committed with the same intent and objective.
The Court agreed, concluding that the trial court erred by sentencing consecutively on counts 3 and 4.
The Court determined that under these circumstances, the proper appellate response was to leave undisturbed the sentence imposed on count 1 and stay execution of sentence on the two terms imposed consecutively to the count 1 sentence. (People v. Dominquez (1995) 38 Cal.App.4th 410, 420.)
Accordingly, the Court stayed execution of sentence on counts 3 and 4 pending service of sentence on count 1.
The Court directed the trial court to prepare an amended abstract of judgment reflecting these modifications and to forward a copy of the amended abstract to the Department of Corrections and Rehabilitation. the Court affirmed the judgment as so modified.