Does Section 654, subdivision (a) of the California Criminal Code apply to punish a defendant for more than one violation arising out of an act or omission?

California, United States of America


The following excerpt is from People v. Flanigan, A158510 (Cal. App. 2020):

Section 654, subdivision (a), provides: "An act or omission that is punishable in different ways by different provisions of law 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 purpose of this legislative protection against punishment for more than one violation arising out of an 'act or omission' is to insure that a defendant's punishment will be commensurate with his culpability." (People v. Perez (1979) 23 Cal.3d 545, 550-551.)

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