People v. Green CA4/3
G063910
| Cal. Ct. App. | Jun 30, 2025Background
- Lacey Kary Green was convicted on four counts relating to unlawful sexual conduct with a minor after communicating online with a law enforcement decoy posing as a 13-year-old girl.
- Green's communications and attempted meetings with "Destiny" spanned several weeks, including solicitation for sexual acts and attempts to obtain nude photos.
- He was arrested at a prearranged meeting spot where he believed he would meet Destiny for sex.
- Charges included: contacting/communicating with a minor to commit lewd acts, arranging a meeting with a minor, attempting to use a minor for prohibited acts, and attempting lewd acts with a child.
- The trial court imposed consecutive and concurrent sentences totaling three years and four months.
- Green appealed, contesting that the consecutive punishments violated Penal Code section 654, which bars multiple punishments for the same act or intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Application of section 654 to multiple convictions | Each count involved separate acts and was properly punished individually. | All four crimes shared a single intent and objective; sentences on 1, 3, 4 should be stayed. | Counts 1 and 3 based on separate acts; but counts 2 and 4 based on same act/intent – only one can be separately punished; case remanded for resentencing. |
Key Cases Cited
- People v. Beamon, 8 Cal.3d 625 (Cal. 1973) (establishes standards for applying Penal Code section 654 to multiple punishments based on acts, objectives, and course of conduct).
- People v. Perez, 23 Cal.3d 545 (Cal. 1979) (rejects the argument that a general intent, such as sexual gratification, bars multiple punishments for otherwise distinct crimes).
- People v. Louie, 203 Cal.App.4th 388 (Cal. Ct. App. 2012) (articulates when temporal separation of acts justifies multiple punishments under section 654).
- People v. Buycks, 5 Cal.5th 857 (Cal. 2018) (discusses resentencing procedure when section 654 errors are found).
