Can a defendant be convicted of multiple crimes arising out of the same act or course of conduct?

California, United States of America


The following excerpt is from People v. Nazary, 120 Cal.Rptr.3d 143, 191 Cal.App.4th 727 (Cal. App. 2011):

"In general, a person may be convicted of, although not punished for, more than one crime arising out of the same act or course of conduct. 'In California, a single act or course of conduct by a defendant can lead to convictions "of any number of the offenses charged." [Citations.]' [Citation.] Section 954 generally permits multiple conviction. Section 654 is its counterpart concerning punishment. It prohibits multiple punishment for the same 'act or omission.' " ( People v. Reed (2006) 38 Cal.4th 1224, 1226-1227, 45 Cal.Rptr.3d 353, 137 P.3d 184.) "A judicially created exception to the general rule permitting multiple conviction 'prohibits multiple convictions based on necessarily included offenses.' [Citation.] '[I]f a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former.' [Citation.]" ( Id. at p. 1227, 45 Cal.Rptr.3d 353, 137 P.3d 184.) In determining whether a defendant has been improperly convicted of multiple charged offenses, we only consider the statutory elements of the offenses challenged as improper. ( Id. at p. 1231, 45 Cal.Rptr.3d 353, 137 P.3d 184.)

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