People v. Spivey CA4/1
CourtCalifornia Court of Appeal
Date FiledOctober 20, 2026
DocketD087162
StatusUnpublished
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Full Opinion
Filed 10/20/26 P. v. Spivey CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion
has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D087162
Plaintiff and Respondent, (Super. Ct. No. SWF2300511)
v.
RICKY SPIVEY, JR.,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of Riverside County,
Helios Hernandez, Judge. Affirmed.
Rex Adam Williams, under appointment by the Court of Appeal, for
Defendant and Appellant.
Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant
Attorney General, Arlene A. Sevidal, Assistant Attorney General, Christine
Y. Friedman and Arlyn Escalante, Deputy Attorneys General, for Plaintiff
and Respondent.
A jury convicted Ricky Spivey, Jr. of count 1, battery on a custodial
officer (Penal Code § 243.1)1, and count 2, deterring and resisting an
executive officer on duty by threats, force, and violence (§ 69). On appeal,
Spivey contends that section 654 required that sentencing on one of the two
charges be stayed. We are not persuaded by the argument and affirm the
judgment.
I. FACTUAL AND PROCEDURAL BACKGROUND
In 2023, Spivey was an inmate at the Cois M. Byrd Detention Center.
Spivey learned that he was to be moved to a different location, and he
objected to the move. Sergeant John Mylles met with Spivey in his cell and
discussed with him the need for the move. After discussion, Mylles explained
that he would need to be moved, and instructed Spivey to stand up. Spivey
refused. When Mylles placed his hand on Spivey’s arm to begin the escort,
Spivey abruptly stood up and punched Mylles in the jawline. Mylles moved
his face away to avoid a more direct hit. Three other officers then entered the
cell and worked together to bring Spivey to the ground so that he could be
handcuffed. Spivey actively resisted their efforts.
Spivey testified at trial. He denied hitting Mylles, instead testifying
that Mylles had punched him in the face repeatedly. He conceded that he
had no injuries to his face after the altercation. He denied resisting the
officers as they brought him to the ground.
The jury returned guilty verdicts as to both counts.
At sentencing, the probation report discussed the two offenses and then
concluded, “As count 1 and 2 involve the same set of circumstances, it
appears sentencing limitations pursuant to 654 PC may apply to Count 2.”
1 All further statutory references are to the Penal Code unless otherwise
stated.
2
In its summary, the probation report stated, “it is respectfully recommended
the punishment be stayed pursuant to Penal Code Section 654.”
The court sentenced Spivey to one-third the mid-term (8 months) on
count 1, to run consecutively to the ten-year term he was serving on a
pending case, and on count 2, the court sentenced Spivey to the low term of
16 months, to run concurrently. “So your whole sentence, that 10-year 8
months, is increased by 8 months.” Defense counsel did not raise the issue of
section 654, and the court did not discuss its applicability.
II. DISCUSSION
For the first time on appeal,2 Spivey contends that the trial court
should have stayed one of the sentences because, even though he was
convicted of two different offenses, his behavior that resulted in the
convictions comprised just one single indivisible course of conduct. This
multiple punishment argument is rooted in subdivision (a) of section 654,
which says: “An act or omission that is punishable in different ways by
different provisions of law may be punished under either of such provisions,
but in no case shall the act or omission be punished under more than one
provision.”
As our Supreme Court has explained:
“Section 654 does not preclude multiple convictions but
only multiple punishments for a single act or indivisible
course of conduct. [Citation.] ‘The proscription against
double punishment . . . is applicable where there is a course
of conduct which violates more than one statute and
comprises an indivisible transaction punishable under
more than one statute. . . .’ ”
2 Because a sentence imposed in contravention of section 654 is an
unauthorized sentence, the error may be raised on appeal even in the absence
of an objection. (People v. Brents (2012) 53 Cal.4th 599, 618). The People do
not contend that Spivey forfeited this issue by failing to raise it below.
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(People v. Miller (1977) 18 Cal.3d 873, 885). “ ‘[I]f all the offenses are incident
to one objective, [then] the defendant may be punished for any one of them
but not for more than one.’ ” (Ibid.) Thus, the Court has stated that “section
654 is applicable to ‘limit punishment for multiple convictions arising out
of . . . a course of conduct deemed to be indivisible in time in those instances
wherein the accused entertained a principal objective to which other
objectives, if any, were merely incidental’ ” (italics omitted). (Ibid., quoting
People v. Beamon (1973) 8 Cal.3d 625, 639.) But, “[i]f he entertained multiple
criminal objectives which were independent of and not merely incidental to
each other, he may be punished for independent violations committed in
pursuit of each objective even though the violations shared common acts or
were parts of an otherwise indivisible course of conduct.” (Beamon, at
p. 639.)
How the rule just discussed is applied in practice has been explained as
follows:
“Section 654, as construed by our Supreme Court, permits
the imposition of sentences on separate crimes incident to
one objective, but precludes the execution of the multiple
sentences in a fashion which permits the defendant to be
punished in a manner greater than the punishment
provided for the greater of the crimes. [Citations.] That
result is accomplished in the trial court by staying
execution of the sentence on the lesser crime with the stay
to become permanent when the judgment on the greater
offense is satisfied.”
(People v. Lowe (1975) 45 Cal.App.3d 792, 795, italics added; see also People
v. Deloza (1998) 18 Cal.4th 585, 591, 594 [“if a defendant commits two crimes,
punishment for one of which is precluded by section 654, that section requires
the sentence for one conviction to be imposed, and the other imposed and
then stayed”].) A stay is required because “[s]ection 654 does not allow any
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multiple punishment, including either concurrent or consecutive sentences.”
(Deloza, at p. 592.)
“On appeal, ‘[a] trial court’s express or implied determination that two
crimes were separate, involving separate objectives, must be upheld . . . if
supported by substantial evidence’ [citation], that is, evidence which is
reasonable, credible, and of solid value.” (People v. Kelly (2018) 28
Cal.App.5th 886, 903, quoting People v. Armstrong (2016) 1 Cal.5th 432, 450).
Here, Spivey argues that “no substantial evidence suggests appellant
harbored multiple intents with different objectives in resisting” the officers.
The People counter that substantial evidence supports a finding of separate
objectives, namely that he struck Mylles because he was angry that Mylles
touched him, but he resisted the other officers because he did not want to be
moved to a new housing section.. However, we need not resolve this
argument, because we agree with the People that the multiple victim
exception applies to the application of section 654. (See People v. Martin
(2005) 133 Cal.App.4th 776, 781 (Martin) [section 654 does not stay the
execution of the second count of conviction if the multiple-victim exception
applies].)
“[E]ven though a defendant entertains but a single principal objective
during an indivisible course of conduct, he may be convicted and punished for
each crime of violence committed against a different victim.” (Martin, supra,
133 Cal.App.4th at p. 781.) On facts substantially similar to the situation
presented in this appeal, the Martin court concluded that “section 243,
subdivision (c)(2), battery on a peace officer, and section 69, resisting arrest
are such crimes,” and accordingly, section 654 did not require that the
punishment for one of the offenses should have been stayed. (Martin, at
p. 782.)
Here, the testimony of Mylles and the other officers constituted
substantial evidence that Spivey committed battery upon Mylles and resisted
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the executive officers with force. Thus, there were multiple victims of
violence, such that the multiple-victim exception to section 654 applies.
Appellant does not contend otherwise. Accordingly, the trial court did not err
in failing to stay the second count.
III. DISPOSITION
The judgment is affirmed.
KELETY, J.
WE CONCUR:
MCCONNELL, P. J.
BUCHANAN, J.
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