The Court of Appeal agreed with appellant that the trial court violated Penal Code section 654 when it imposed sentences for both vandalism based on breaking a front door window and trespass based on entering the house. Appellant was wrongfully punished twice for a course of conduct with a single intent and objective of entering the house without consent. The Court of Appeal vacated his sentence and remanded for a full resentencing hearing.
Name: Double Punishment (PC 654)
Case #: C095770
Opinion Date: 07/10/2023
Attorney: Julia J. Spikes