Cal. Rules of Court, rule 4.424 · Division 5. Felony Sentencing Law
Consideration of applicability of section 654
Text — As posted by the Judicial Council of California (read October 22, 2026)
Before determining whether to impose either concurrent or consecutive sentences on all counts on which the defendant was convicted, the court must determine whether the proscription in section 654 against multiple punishments for the same act or omission requires a stay of execution of the sentence imposed on some of the counts. If a stay of execution is required due to the prohibition against multiple punishments for the same act, the court has discretion to choose which act or omission will be punished and which will be stayed.
Notes and commentary — not rule text
History
Rule 4.424 amended effective March 14, 2022; adopted as rule 424 effective January 1, 1991; previously renumbered effective January 1, 2001; previously amended effective January 1, 2007, and January 1, 2011.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/four/rule4_424
- Text hash
- sha256 24f6d73eb75fc05246e6a3ffae3141279fe30473bd4d90b3eec3c422289102cc
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.