What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of multiple offences under the same statute?
California, United States of America
The following excerpt is from People v. Condee, B270899 (Cal. App. 2017):
"'[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. . . . If all the offenses were incident to one objective, the defendant may be punished for any one of such offenses
Page 11
but not for more than one.' [Citation.]" (People v. Wynn (2010) 184 Cal.App.4th 1210, 1214-1215 (Wynn).)
"The most advanced legal research software ever built."
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.
Other Questions
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What is the effect of Section 969a of the California Criminal Code when a jury has found a defendant not guilty of a charge of assault but found him guilty of the same charge? (California, United States of America)
What is the effect of section 654 of the California Criminal Code when a defendant is found guilty of a charge under Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
What is the effect of section 654 of the California Criminal Code on a defendant who has committed multiple offences in the same criminal offence? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Is Section 654 of the California Criminal Code applicable to a defendant who has committed a criminal offence under section 654 (1) of the Act 654, 654? (California, United States of America)
What is the effect of using section 654 rather than section 667.6 of the California Criminal Code when rejecting a defendant's claim that three criminal offences arose from the same incident? (California, United States of America)
