What is the test for section 654 of the California Criminal Code when a defendant is found guilty of a charge of recklessly causing grievous bodily harm against another person?

California, United States of America


The following excerpt is from People v. Saephan, A132344 (Cal. App. 2012):

"Section 654 precludes multiple punishment for a single act or omission, or an indivisible course of conduct." (People v. Deloza (1998) 18 Cal.4th 585, 591-592.) " 'Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 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.' " (People v. Latimer (1993) 5 Cal.4th 1203, 1208, quoting Neal v. State of California (1960) 55 Cal.2d 11, 19.)

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