What is the test for a charge under section 654 of the California Penal Code for failing to comply with the same provisions of the law?

California, United States of America


The following excerpt is from People v. Machado, E063575 (Cal. App. 2016):

"Section 654 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.' The section 'applies when there is a course of conduct which violates more than one statute but constitutes an indivisible transaction.' [Citation.] Generally, whether a course of conduct is a divisible transaction 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.]" (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006.)

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