[Download] "People V. Siko" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: People V. Siko
- Author : Supreme Court Of California
- Release Date : January 23, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Penal Code section 654 proscribes double punishment for multiple violations of the Penal Code based on the "same act or omission." Decisions of this court have engrafted onto section 654 a judicial gloss interpreting "same act or omission" to include multiple violations committed in an "indivisible" or "single transaction." (See, e.g., People v. Beamon (1973) 8 Cal. 3d 625, 636-639 [105 Cal. Rptr. 681, 504 P.2d 905].) In 1979 the Legislature enacted section 667.6 of the Penal Code*fn1 to increase the punishment for persons convicted of serious sex offenses in certain circumstances. This case raises the question whether by adopting subdivision (c) of that section [hereafter subdivision (c)] the Legislature intended to repeal the prohibition of section 654 against multiple punishment for multiple Penal Code violations based on "the same act or omission" insofar as the serious sex offenses enumerated in subdivision (c) are concerned. As we shall explain, this case does not present the question of whether or not the enactment of subdivision (c) was intended by the Legislature to abrogate or modify the judicially engrafted "indivisible" or "single transaction" rule.