When a defendant is convicted of multiple crimes arising out of the same act or an indivisible course of conduct, can they be convicted of more than one of the crimes?

California, United States of America


The following excerpt is from People v. North, A150338 (Cal. App. 2018):

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." Thus, when a defendant is convicted of multiple crimes arising out of the same act or an indivisible course of conduct, a court will impose a sentence for the most serious offense and stay the sentence for the remaining offenses. (People v. Pearson (1986) 42 Cal.3d 351, 359-360, disapproved on another ground in People v. Vidana (2016) 1 Cal.5th 632, 650; People v. Deloza (1998) 18 Cal.4th 585, 592. Italics added.)

" '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.' [Citation.]" (People v. Latimer (1993) 5 Cal.4th 1203, 1208; People v. Douglas (1995) 39 Cal.App.4th 1385,

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