Error and/or relief
The trial court erred by imposing sentence on the robberies which served as the predicate offenses for his murder conviction under the felony murder theory. We remand for full resentencing so the trial court may determine whether section 654 applies to all of the underlying robberies or to only one, and to correct other errors (if any) that the parties asserted in this appeal.
First Holding:
Section 654 provides that the same act or omission shall not be punished under more than one provision of law. Thus, where felony murder is the sole theory of murder under which the case was prosecuted, section 654 precludes imposition of separate terms for the predicate felonies for the theory of felony murder, for which defendant received his first degree murder sentence.
Authority:
PEN 654
People v. Montes (2014) 58 Cal.4th 809, 898
Second Holding:
An appellate court normally reviews the trial court’s factual determinations in applying section 654 for substantial evidence.
Authority:
People v. Brents (2012) 53 Cal.4th 599, 618
People v. Jacobo (2019) 37 Cal.App.5th 32, 53-54