Does section 654 of the California Criminal Code apply to stay sentence for burglary with the single criminal objective of sexually assaulting the victim?

California, United States of America

The following excerpt is from The People v. Flores, B214335, No. TA099668 (Cal. App. 2010):

We agree that the trial court should have stayed sentence on counts 2 and 4. When a defendant commits burglary with the single criminal objective of sexually assaulting the victim, section 654 precludes punishment for both crimes. (See People v. Hicks (1993) 6 Cal.4th 784, 789; People v. Pena (1992) 7 Cal.App.4th 1294, 1311-1312.) Here, there was no evidence suggesting Flores had dual intents or objectives when burglarizing the home; his sole objective appears to have been to get into the house in order to molest one of the children.

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