Can a defendant be convicted of multiple crimes arising out of the same act and course of conduct?

California, United States of America


The following excerpt is from People v. Jackson, B293028 (Cal. App. 2019):

Section 654, subdivision (a) provides that "[a]n 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." The purpose of the statute is to ensure that a defendant's punishment is commensurate with his or her culpability. (People v. Correa (2012) 54 Cal.4th 331, 341.) To that end, a defendant may be convicted of, but not punished for, multiple crimes arising out of the same act or course of conduct. (Id. at p. 337.) Concurrent sentences count as multiple punishments. "'It has long been established that the imposition of concurrent sentences is precluded by section 654 [citations]

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because the defendant is deemed to be subjected to the term of both sentences although they are served simultaneously.' [Citation.]" (People v. Jones (2012) 54 Cal.4th 350, 353.) "Instead, the accepted 'procedure is to sentence defendant for each count and stay execution of sentence on certain of the convictions to which section 654 is applicable.' [Citation.]" (Ibid.)

"Whether a defendant may be subjected to multiple punishment under section 654 requires a two-step inquiry, because the statutory reference to an 'act or omission' may include not only a discrete physical act but also a course of conduct encompassing several acts pursued with a single objective." (People v. Corpening (2016) 2 Cal.5th 307, 311.) First, we consider whether the crimes were completed by a single physical act. (Ibid.) If so, the defendant may be punished only once for that act. (Ibid.) If the crimes were completed by multiple acts, or a "course of conduct," we move to the second step of the inquiry, at which we consider whether the defendant's course of conduct reflects a single intent and objective or multiple intents and objectives. (Ibid.) If a course of conduct reflects only a single intent and objective, the defendant may be punished only once.

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Can a defendant be convicted of multiple crimes arising out of the same act or course of conduct? (California, United States of America)
Can a defendant be convicted of multiple crimes arising out of the same act or course of conduct? (California, United States of America)
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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)
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)
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