How has section 654 of the California Criminal Code been interpreted in the context of Section 654(1) of the Criminal Code?

California, United States of America


The following excerpt is from The People v. O'neil, C058463, No. CH020332, No. CH021290 (Cal. App. 2010):

In relevant part, section 654 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." ( 654, subd. (a).) The purpose of section 654's protection against multiple punishments is to ensure that the defendant's punishment will be commensurate with his culpability. (People v. Perez (1979) 23 Cal.3d 545, 550-551.)

Although section 654 speaks in terms of "an act or omission," it has been judicially interpreted to include situations in which several offenses are committed during a course of conduct deemed indivisible in time. (People v. Beamon

(1973) 8 Cal.3d 625, 639.) "[S]ection 654 applies not only where there was but one act in the ordinary sense, but also where there was a course of conduct which violated more than one statute but nevertheless constituted an indivisible transaction. [Citation.] Whether a course of conduct is indivisible depends upon the intent and objective of the actor." (People v. Perez, supra, 23 Cal.3d at p. 551.)

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