Does section 654 of the California Criminal Code allow only one enhancement to be imposed because the entire incident constituted one course of conduct?
California, United States of America
The following excerpt is from People v. Adams, 19 Cal.App.4th 412, 23 Cal.Rptr.2d 512 (Cal. App. 1993):
From the court's remarks, it appears that it did not consider whether section 654 would allow only one enhancement to be imposed because the entire incident constituted one course of conduct. (Cal.Rules of Court, rule 424.) The court, not the jury, determines the divisibility of offenses for sentencing purposes. (People v. Flores (1968) 267 Cal.App.2d 452, 459, 73 Cal.Rptr. 118.)
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