Does section 654 of the California Criminal Code bar a defendant from serving two separate prison sentences for each of his two grand theft convictions?

California, United States of America


The following excerpt is from People v. Pecora, 2d Crim. No. B251974 (Cal. App. 2015):

Appellant contends section 654 bars the separate prison terms imposed for each of his two grand theft convictions. We disagree. Section 654 prohibits multiple punishment for a single criminal act or omission. "Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 depends on the intent and objective of the actor. If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one." (Neal v. State of California (1960) 55 Cal.2d 11, 19.)3

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