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

California, United States of America


The following excerpt is from People v. Green, C074862 (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.]' [Citation.] ' "The defendant's intent and objective present factual questions for the trial court. . . ." [Citation.]' [Citation.] The trial court usually makes these determinations after hearing all of the facts and circumstances of the case at trial." (People v. Archer (2014) 230 Cal.App.4th 693, 703.) " 'In sentencing pursuant to Penal Code section 654, the trial court retains discretion to impose punishment for the offense that it determines, under the facts of the case, constituted the defendant's "primary objective" ' keeping in mind the overall purpose of section 654. [Citation.] 'The protection against multiple punishment

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is to insure that the defendant's punishment will be commensurate with his criminal liability.' [Citation.]" (People v. Cleveland (2001) 87 Cal.App.4th 263, 268.)

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