Can a defendant be punished for more than one criminal offence under section 654, subdivision (a) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Beltran, G040149 (Cal. App. 6/8/2009), G040149. (Cal. App. 2009):

Section 654, subdivision (a) provides, "An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." "`If all the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one.' [Citation.] If, on the other hand, `the [defendant] 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.' [Citations.]" (People v. Martin (2005) 133 Cal.App.4th 776, 781.)

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