How does section 654 of the California Code of Criminal Procedure apply when a defendant is convicted of vandalism and a subsequent breach of the terms of his sentence?

Though a person may be convicted of more than one crime for the same act, section 654 proscribes multiple punishments for the same act. ( 654, 954; People v. Correa (2012) 54 Cal.4th 331, 337.) An "act" can include a " ' "course of conduct." ' " (Id. at p. 335.) When a course of conduct causes multiple offenses--each capable of being independently committed--section 654's application turns on whether each conviction was based on a separate, divisible transaction. (Id. at pp. 335-336.) Whether a course of conduct is divisible turns on the defendant's intent and objective. (Id. at p. 336.) "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." (Ibid.)

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Here, defendant disabled the camera as part of his attempt to burglarize the house. As such, the vandalism and attempted burglary were incident to one objective, and the trial court erred in concluding section 654 did not apply. We will therefore order execution of the six-month sentence stayed, pursuant to section 654. (See People v. Alford (2010) 180 Cal.App.4th 1463, 1466 ["[W]hen a trial court determines that section 654 applies to a particular count, the trial court must impose sentence on that count and then stay execution of that sentence"].)