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Name: People v. Williams
Case #: E033166
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/30/2004
Subsequent History: Rev. granted 9/15/04: S126806
Summary

For purposes of Penal Code section 654, Vehicle Code section 2800.2 is a crime of violence to which the multiple victim exception applies. Thus, where a defendant commits a violation of section 2800.2 in attempting to flee a robbery, the court is not required to stay the sentence on the Vehicle Code violation even if the two offenses are part of an indivisible course of conduct. Furthermore, remand for resentencing is appropriate where the trial court should have stayed one count under Penal Code section 654, even if the People did not file a cross appeal. In an unpublished portion of the decision, the appellate court found that the lower court erred in failing to stay one term under section 654. In a published portion of the opinion, the court held that the People were entitled to remand for resentencing. When part of a sentence is found to be erroneous, the entire sentence may be reconsidered even if the remainder of the sentence was not unauthorized as imposed.