27 Cited authorities

People v. Mitchell
26 Cal.4th 181 (Cal. 2001) Cited 2,470 times
Noting that a certified abstract of judgment "constitutes the commitment" and serves as "the process and authority for carrying the judgment and sentence into effect"
People v. Zackery
147 Cal.App.4th 380 (Cal. Ct. App. 2007) Cited 807 times
Vacating sentence for count on which defendant did not enter a guilty plea
People v. Deloza
18 Cal.4th 585 (Cal. 1998) Cited 1,069 times
Finding trial court expressly declined to strike a prior felony conviction, but misunderstood scope of its discretion to impose concurrent sentences
People v. Jones
103 Cal.App.4th 1139 (Cal. Ct. App. 2002) Cited 804 times
Holding that "section 654 is inapplicable when the evidence shows that the defendant arrived at the scene of his or her primary crime already in possession of the firearm"
People v. Britt
32 Cal.4th 944 (Cal. 2004) Cited 392 times
In Britt, supra, 32 Cal.4th 944, 12 Cal.Rptr.3d 66, 87 P.3d 812, this court did not rely upon or cite the Neal footnote.
People v. Sloan
42 Cal.4th 110 (Cal. 2007) Cited 334 times
Holding that sentencing for both murder and the firearm enhancement under section 12022.53, subd. (d) for discharge of a firearm causing death does not violate double jeopardy protections
People v. Bell
49 Cal.3d 502 (Cal. 1989) Cited 524 times
Finding it was “far from clear” that a 5 percent absolute disparity was sufficient
People v. Pearson
42 Cal.3d 351 (Cal. 1986) Cited 501 times
Concluding defendant was properly convicted for lewd conduct on a child and sodomy based on the singular act of sodomy because "such charges clearly constitute 'different statements of the same offense' and thus are authorized under section 954"
People v. Garcia
167 Cal.App.4th 1550 (Cal. Ct. App. 2008) Cited 258 times
Holding the defendant's intent in possessing a firearm during a series of robberies was different from his intent when stopped by police officers where he contemplated a shootout with police
People v. Lopez
119 Cal.App.4th 132 (Cal. Ct. App. 2004) Cited 214 times
In Lopez, the court held section 654 barred multiple punishment for the defendant's convictions for unlawful possession of a firearm and unlawful possession of ammunition based on his possession of a single loaded firearm.
Rule 8.500 - Petition for review
Cal. R. 8.500 Cited 337 times
(a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer

PEOPLE v. JONES

27 Cited authorities

Noting that a certified abstract of judgment "constitutes the commitment" and serves as "the process and authority for carrying the judgment and sentence into effect"

Vacating sentence for count on which defendant did not enter a guilty plea

Finding trial court expressly declined to strike a prior felony conviction, but misunderstood scope of its discretion to impose concurrent sentences

Holding that "section 654 is inapplicable when the evidence shows that the defendant arrived at the scene of his or her primary crime already in possession of the firearm"

In Britt, supra, 32 Cal.4th 944, 12 Cal.Rptr.3d 66, 87 P.3d 812, this court did not rely upon or cite the Neal footnote.

Holding that sentencing for both murder and the firearm enhancement under section 12022.53, subd. (d) for discharge of a firearm causing death does not violate double jeopardy protections

Finding it was “far from clear” that a 5 percent absolute disparity was sufficient

Concluding defendant was properly convicted for lewd conduct on a child and sodomy based on the singular act of sodomy because "such charges clearly constitute 'different statements of the same offense' and thus are authorized under section 954"

Holding the defendant's intent in possessing a firearm during a series of robberies was different from his intent when stopped by police officers where he contemplated a shootout with police

In Lopez, the court held section 654 barred multiple punishment for the defendant's convictions for unlawful possession of a firearm and unlawful possession of ammunition based on his possession of a single loaded firearm.