Does section 654 of the California Criminal Code prohibit multiple punishment for a single act or indivisible course of conduct?

California, United States of America


The following excerpt is from People v. Sanchez, D065028 (Cal. App. 2015):

" 'Section 654 precludes multiple punishment for a single act or indivisible course of conduct punishable under more than one criminal statute. Whether a course of 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.' [Citation.]" (People v. Retanan (2007) 154 Cal.App.4th 1219, 1229.) " 'The defendant's intent and objective present factual questions for the trial court . . . .' [Citation.]" (People v. Petronella (2013) 218 Cal.App.4th 945, 964.) The trial court usually makes these determinations after hearing all of the facts and circumstances of the case at trial. (See People v. Ross (1988) 201 Cal.App.3d 1232, 1240.)

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