Can a defendant avoid double punishment under section 654 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Beard, C051282 (Cal. App. 4/3/2008), C051282 (Cal. App. 2008):

"`The proscription against double punishment in section 654 is applicable where there is a course of conduct which . . . comprises an indivisible transaction punishable under more than one statute . . . . 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.' [Citation.] `The defendant's intent and objective are factual questions for the trial court; [to permit multiple punishments,] there must be evidence to support a finding the defendant formed a separate intent and objective for each offense for which he was sentenced. [Citation.]' [Citation.]" (People v. Coleman, supra, 48 Cal.3d at p. 162.)

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