Can a defendant be convicted under Section 654 of the California Criminal Code for a single act or indivisible course of conduct?
California, United States of America
The following excerpt is from People v. Nails, G045131 (Cal. App. 2012):
Section 654, subdivision (a), provides in relevant part: "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 . . . ." The statute "precludes multiple punishment for a single act or omission, or an indivisible course of conduct. [Citations.]" (People v. Deloza (1998) 18 Cal.4th 585, 591 (Deloza).) If a defendant is convicted under two statutes for one act or indivisible course of conduct,
Page 12
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
