What is the test for divisibility of a course of conduct that violates more than one statute?

California, United States of America


The following excerpt is from People v. Sanchez, B221712, Los Angeles County Super. Ct. No. BA347246 (Cal. App. 2011):

which violates more than one statute and comprises an indivisible transaction punishable under more than one statute within the meaning of section 654. The divisibility of a course of conduct depends upon the intent and objective of the actor, and if all the offenses are incident to one objective, the defendant may be punished for any one of them but not for more than one.'" [Citations.]" (People v. Bradford (1976) 17 Cal.3d 8, 22 (Bradford) [staying separate punishment for possession of a firearm by a felon when he wrested a peace officer's gun from him and fired shots at the officer, resulting in a separate conviction for assault with a firearm].)

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