Can a defendant be convicted of more than one crime arising out of the same act or course of conduct?

California, United States of America


The following excerpt is from The People v. Johnson, F058086, No. VCF197610B (Cal. App. 2010):

under section 954. "In general, a person may be convicted of, although not punished for, more than one crime arising out of the same act or course of conduct." (People v. Reed (2006) 38 Cal.4th 1224, 1226 (Reed)?) "In California, a single act or course of conduct by a defendant can lead to convictions 'of any number of the offenses charged.' [Citations.]" (People v. Montoya (2004) 33 Cal.4th 1031, 1034 (Montoya), citing 954, italics added in original.) While section 954 generally permits multiple convictions, "a judicially created exception to the general rule prohibits multiple convictions based on necessarily included offenses. [Citations.]" (Montoya, supra, at p. 1034; Reed, supra, at p. 1227.)

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