P. v. Dominguez
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Filed 11/1/2002 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, v. 2d Crim. No. B154266 (Super. Ct. No. BA218144) (Los Angeles County) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] WILLIAM DOMINGUEZ, Defendant and Appellant. THE COURT: It is ordered that the opinion filed herein on October 7, 2002, be modified as follows: At the end of the first full paragraph on page 3, after the heading "Section 654," add the following: "Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court . . . ." (People v. Perez (1979) 23 Cal.3d 545, 550, fn. 3; People v. Scott (1994) 9 Cal.4th 331, 354, fn. 7; People v. Neal (1993) 19 Cal.App.4th 1114, 1120.)" The paragraph will then read: Appellant argues that the consecutive sentence on the assault with a firearm count violates section 654. "Section 654 does not preclude multiple convictions but only multiple punishments for a single act or indivisible court of conduct. [Citation.]" (People v. Miller (1977) 18 Cal.3d 873, 885.) 2. "Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court . . . ." (People v. Perez (1979) 23 Cal.3d 545, 550, fn. 3; People v. Scott (1994) 9 Cal.4th 331, 354, fn. 17; People v. Neal (1993) 19 Cal.App.4th 1114, 1120.) [There is no change in the judgment.]
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