California, United States of America
The following excerpt is from People v. Reyes, F062305 (Cal. App. 2013):
Section 654 provides in pertinent part, "An act or omission that is punishable in different ways by different provisions of [the Penal Code] 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...." The case of Neal v. State of California (1960) 55 Cal.2d 11, 19 stands for the proposition that, "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
Page 12
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.