Error and/or relief
The convictions on counts 1 and 2 (domestic violence and assault with a deadly weapon) are based on the same act of striking the victim with his vehicle and therefore he cannot be punished for both.
First Holding:
Under section 654(a), an act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act or omission be punished under more than one provision. That the purpose of section 654 is to insure that a defendant’s punishment will be commensurate with the defendant’s culpability.
Authority:
PEN 654
People v. Latimer (1993) 5 Cal.4th 1203, 1211
Second Holding:
A substantial evidence standard of review applies to the trial court’s determination of the applicability of section 654. We review the trial court’s factual findings, express or implicit, in the light most favorable to the respondent and presume the existence of every fact the trial court could reasonably deduce from the evidence.
Authority:
People v. Kurtenbach (2012) 204 Cal.App.4th 1264, 1289
People v. Osband (1996) 13 Cal.4th 622, 730
People v. Hutchins (2001) 90 Cal.App.4th 1308, 1312–1313
People v. Moseley (2008) 164 Cal.App.4th 1598, 1603
Third Holding:
When confronted with offenses within the purview of section 654, the proper procedure is to stay execution of sentence on all but one of the offenses subject to this section. A concurrent sentence simply does not satisfy the prohibition against double punishment. We will therefore modify the judgment ourselves to stay the sentence on count 2 in accordance with section 654.
Authority:
People v. Pena (1992) 7 Cal.App.4th 1294, 1312
People v. Bey (2025) 108 Cal.App.5th 144, 167–168
People v. Alford (2010) 180 Cal.App.4th 1463, 1473 [exercising authority under sec. 1260 to modify judgment rather than remand as remedy for trial court’s failure to impose and stay sentence]