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5 California opinions name it 2 courts 1962–2014 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Knowlesgreen2 sentences1962The Neal majority expressly recognize this rule (id. at p. 19 [19]), quoting from People v. Knowles (1950) 35 Cal.2d 175,187 [14] [ 217 P.2d 1 ] : “If only a single act is charged as the basis of the multiple convictions, only one conviction can be affirmed, notwithstanding that the offenses are not necessarily included offenses.” As Justice (now Circuit Judge) Duniway, speaking for a unanimous court, observed shortly after Neal was handed down, “We think that the case could have rested upon that ground alone.” (People v. Fields (1961) 190 Cal.App.2d 515, 517 [1] [ 12 Cal.Rptr. 249 ].) Under t 1962The Neal majority expressly recognize this rule (id. at p. 19 [19]), quoting from People v. Knowles (1950) 35 Cal.2d 175,187 [14] [ 217 P.2d 1 ] : “If only a single act is charged as the basis of the multiple convictions, only one conviction can be affirmed, notwithstanding that the offenses are not necessarily included offenses.” As Justice (now Circuit Judge) Duniway, speaking for a unanimous court, observed shortly after Neal was handed down, “We think that the case could have rested upon that ground alone.” (People v. Fields (1961) 190 Cal.App.2d 515, 517 [1] [ 12 Cal.Rptr. 249 ].) Under t | 1 | 2 |
People v. Hansongreen2 sentences2006First, the California Supreme Court has determined that “the Legislature intended restitution fines as punishment.” (People v. Hanson (2000) 23 Cal.4th 355, 361 [ 97 Cal.Rptr.2d 58 , 1 P.3d 650 ].) Thus, a restitution fine calculated under the formula provided by section 1202.4, subdivision (b)(2), constitutes a criminal penalty, not a civil remedy. 2006First, the California Supreme Court has determined that “the Legislature intended restitution fines as punishment.” (People v. Hanson (2000) 23 Cal.4th 355, 361 [ 97 Cal.Rptr.2d 58 , 1 P.3d 650 ].) Thus, a restitution fine calculated under the formula provided by section 1202.4, subdivision (b)(2), constitutes a criminal penalty, not a civil remedy. | 1 | 1 |
Neal v. State of Californiayellow2 sentences1991Thus, in People v. Clapp (1944) 24 Cal.2d 835 [ 151 P.2d 237 ], the court concluded section 654 was enacted to apply where “the same act may violate more than one statute, . . .” (P. 842.) In People v. Knowles (1950) 35 Cal.2d 175 [ 217 P.2d 1 ], the court remarked that section 654 applies where “two offenses [are] committed by the same act . . . .” (P. 186.) Knowles continued, “If a course of criminal conduct causes the commission of more than one offense, each of which can be committed without committing any other, the applicability of section 654 will depend upon whether a separate and dist 1991Thus, in People v. Clapp (1944) 24 Cal.2d 835 [ 151 P.2d 237 ], the court concluded section 654 was enacted to apply where “the same act may violate more than one statute, . . .” (P. 842.) In People v. Knowles (1950) 35 Cal.2d 175 [ 217 P.2d 1 ], the court remarked that section 654 applies where “two offenses [are] committed by the same act . . . .” (P. 186.) Knowles continued, “If a course of criminal conduct causes the commission of more than one offense, each of which can be committed without committing any other, the applicability of section 654 will depend upon whether a separate and dist | 1 | 1 |
People v. Beamonred2 sentences1991Thus, in People v. Clapp (1944) 24 Cal.2d 835 [ 151 P.2d 237 ], the court concluded section 654 was enacted to apply where “the same act may violate more than one statute, . . .” (P. 842.) In People v. Knowles (1950) 35 Cal.2d 175 [ 217 P.2d 1 ], the court remarked that section 654 applies where “two offenses [are] committed by the same act . . . .” (P. 186.) Knowles continued, “If a course of criminal conduct causes the commission of more than one offense, each of which can be committed without committing any other, the applicability of section 654 will depend upon whether a separate and dist 1991Thus, in People v. Clapp (1944) 24 Cal.2d 835 [ 151 P.2d 237 ], the court concluded section 654 was enacted to apply where “the same act may violate more than one statute, . . .” (P. 842.) In People v. Knowles (1950) 35 Cal.2d 175 [ 217 P.2d 1 ], the court remarked that section 654 applies where “two offenses [are] committed by the same act . . . .” (P. 186.) Knowles continued, “If a course of criminal conduct causes the commission of more than one offense, each of which can be committed without committing any other, the applicability of section 654 will depend upon whether a separate and dist | 1 | 1 |
People v. Perezgreen2 sentences1991Thus, in People v. Clapp (1944) 24 Cal.2d 835 [ 151 P.2d 237 ], the court concluded section 654 was enacted to apply where “the same act may violate more than one statute, . . .” (P. 842.) In People v. Knowles (1950) 35 Cal.2d 175 [ 217 P.2d 1 ], the court remarked that section 654 applies where “two offenses [are] committed by the same act . . . .” (P. 186.) Knowles continued, “If a course of criminal conduct causes the commission of more than one offense, each of which can be committed without committing any other, the applicability of section 654 will depend upon whether a separate and dist 1991Thus, in People v. Clapp (1944) 24 Cal.2d 835 [ 151 P.2d 237 ], the court concluded section 654 was enacted to apply where “the same act may violate more than one statute, . . .” (P. 842.) In People v. Knowles (1950) 35 Cal.2d 175 [ 217 P.2d 1 ], the court remarked that section 654 applies where “two offenses [are] committed by the same act . . . .” (P. 186.) Knowles continued, “If a course of criminal conduct causes the commission of more than one offense, each of which can be committed without committing any other, the applicability of section 654 will depend upon whether a separate and dist | 1 | 1 |
In Re Chapmangreen2 sentences1962There was therefore no need to go on to discuss what rule might be invoked in an entirely different class of cases, i.e., those involving not a single act—the only situation embraced by the language of the code section—but a “course of criminal conduct” encompassing multiple acts; such acts being connected not in a single crime but only in the multifarious plan of the criminal for the commission of divers crimes requiring separate acts (see e.g., In re Chapman (1954) 43 Cal.2d 385, 389 [3] - 390 [6] [ 273 P.2d 817 ]; People v. Slobodion (1948) 31 Cal.2d 555, 561-563 [6] [ 191 P.2d 1 ]). 1962There was therefore no need to go on to discuss what rule might be invoked in an entirely different class of cases, i.e., those involving not a single act—the only situation embraced by the language of the code section—but a “course of criminal conduct” encompassing multiple acts; such acts being connected not in a single crime but only in the multifarious plan of the criminal for the commission of divers crimes requiring separate acts (see e.g., In re Chapman (1954) 43 Cal.2d 385, 389 [3] - 390 [6] [ 273 P.2d 817 ]; People v. Slobodion (1948) 31 Cal.2d 555, 561-563 [6] [ 191 P.2d 1 ]). | 1 | 1 |
People v. Slobodiongreen2 sentences1962There was therefore no need to go on to discuss what rule might be invoked in an entirely different class of cases, i.e., those involving not a single act—the only situation embraced by the language of the code section—but a “course of criminal conduct” encompassing multiple acts; such acts being connected not in a single crime but only in the multifarious plan of the criminal for the commission of divers crimes requiring separate acts (see e.g., In re Chapman (1954) 43 Cal.2d 385, 389 [3] - 390 [6] [ 273 P.2d 817 ]; People v. Slobodion (1948) 31 Cal.2d 555, 561-563 [6] [ 191 P.2d 1 ]). 1962There was therefore no need to go on to discuss what rule might be invoked in an entirely different class of cases, i.e., those involving not a single act—the only situation embraced by the language of the code section—but a “course of criminal conduct” encompassing multiple acts; such acts being connected not in a single crime but only in the multifarious plan of the criminal for the commission of divers crimes requiring separate acts (see e.g., In re Chapman (1954) 43 Cal.2d 385, 389 [3] - 390 [6] [ 273 P.2d 817 ]; People v. Slobodion (1948) 31 Cal.2d 555, 561-563 [6] [ 191 P.2d 1 ]). | 1 | 1 |
People v. Fieldsgreen2 sentences1962The Neal majority expressly recognize this rule (id. at p. 19 [19]), quoting from People v. Knowles (1950) 35 Cal.2d 175,187 [14] [ 217 P.2d 1 ] : “If only a single act is charged as the basis of the multiple convictions, only one conviction can be affirmed, notwithstanding that the offenses are not necessarily included offenses.” As Justice (now Circuit Judge) Duniway, speaking for a unanimous court, observed shortly after Neal was handed down, “We think that the case could have rested upon that ground alone.” (People v. Fields (1961) 190 Cal.App.2d 515, 517 [1] [ 12 Cal.Rptr. 249 ].) Under t 1962The Neal majority expressly recognize this rule (id. at p. 19 [19]), quoting from People v. Knowles (1950) 35 Cal.2d 175,187 [14] [ 217 P.2d 1 ] : “If only a single act is charged as the basis of the multiple convictions, only one conviction can be affirmed, notwithstanding that the offenses are not necessarily included offenses.” As Justice (now Circuit Judge) Duniway, speaking for a unanimous court, observed shortly after Neal was handed down, “We think that the case could have rested upon that ground alone.” (People v. Fields (1961) 190 Cal.App.2d 515, 517 [1] [ 12 Cal.Rptr. 249 ].) Under t | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pitchess v. Superior Court
red
1 sentence2014In addition, appellant requests that this court conduct an independent review of the in camera hearing on his motion filed pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 , in which he sought discovery of the police personnel records of the officers who arrested him. | 1 | 2014–2014 |
Kellett v. Superior Court
green
1 sentence2014According to appellant, in view of Penal Code section 654’s prohibition against multiple prosecutions based on the same act or course of conduct as interpreted in Kellett v. Superior Court (1966) 63 Cal.2d 822, 827 , the witness could not be subject to future criminal liability based on her testimony about the crimes. | 1 | 2014–2014 |
People v. Clapp
green
2 sentences1991Thus, in People v. Clapp (1944) 24 Cal.2d 835 [ 151 P.2d 237 ], the court concluded section 654 was enacted to apply where “the same act may violate more than one statute, . . .” (P. 842.) In People v. Knowles (1950) 35 Cal.2d 175 [ 217 P.2d 1 ], the court remarked that section 654 applies where “two offenses [are] committed by the same act . . . .” (P. 186.) Knowles continued, “If a course of criminal conduct causes the commission of more than one offense, each of which can be committed without committing any other, the applicability of section 654 will depend upon whether a separate and dist 1991Thus, in People v. Clapp (1944) 24 Cal.2d 835 [ 151 P.2d 237 ], the court concluded section 654 was enacted to apply where “the same act may violate more than one statute, . . .” (P. 842.) In People v. Knowles (1950) 35 Cal.2d 175 [ 217 P.2d 1 ], the court remarked that section 654 applies where “two offenses [are] committed by the same act . . . .” (P. 186.) Knowles continued, “If a course of criminal conduct causes the commission of more than one offense, each of which can be committed without committing any other, the applicability of section 654 will depend upon whether a separate and dist | 1 | 1991–1991 |
People v. Foster
green
2 sentences1988But reliance on People v. Foster (1988) 201 Cal.App.3d 20 [ 246 Cal.Rptr. 855 ] suggests a temporal view of section 654, i.e., acts committed before the taking of the property are insulated from separate punishment while anything done after that moment is not. 1988But reliance on People v. Foster (1988) 201 Cal.App.3d 20 [ 246 Cal.Rptr. 855 ] suggests a temporal view of section 654, i.e., acts committed before the taking of the property are insulated from separate punishment while anything done after that moment is not. | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.