California, United States of America
The following excerpt is from People v. Sanchez, E072907 (Cal. App. 2020):
"Section 654, subdivision (a) provides that '[a]n 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.' ' " '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 actor. If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one.' " ' [Citation.] Intent and objective are factual questions for the trial court, which must find evidence to support the existence of a separate intent and objective for each sentenced offense." (People v. Jackson (2016) 1 Cal.5th 269, 353-354.)
"[I]n the absence of some circumstance 'foreclosing' its sentencing discretion[,] a trial court may base its decision under section 654 on any of the facts that are in evidence at trial, without regard to the verdicts." (People v. McCoy (2012) 208 Cal.App.4th 1333, 1340.) However, "where there is a basis for identifying the specific factual basis for a verdict, a trial court cannot find otherwise in applying section 654." (Id. at p. 1339, italics omitted.)
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.