Does Section 654 of the Criminal Code allow a defendant to receive consecutive sentences for multiple sex crimes committed in the same criminal venture?

California, United States of America


The following excerpt is from People v. Sanchez, B266486 (Cal. App. 2016):

Here, ample evidence supports the consecutive sentences. "[S]ection 654 does not preclude separate punishment for multiple sex offenses which, although closely connected in time and part of the same criminal venture, are separate and distinct, and which are not committed as a means of committing any other sex offense, do not facilitate commission of another sex offense, and are not incidental to the commission of another sex offense." (People v. Castro (1994) 27 Cal.App.4th 578, 584-585.) "[I]f the evidence discloses that a defendant entertained multiple criminal objectives which were independent of and not merely incidental to each other, he may be punished for the independent violations committed in pursuit of each objective even though the violations were parts of an otherwise indivisible course of conduct." (Perez, supra, 23 Cal.3d at p. 551.)

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