Can a defendant be punished for each violation committed under Section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Delallo, H043603 (Cal. App. 2020):

Section 654 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." ( 654, subd. (a).) Thus, "[s]ection 654 precludes multiple punishment for a single act or indivisible course of conduct punishable under more than one criminal statute." (People v. Cleveland (2001) 87 Cal.App.4th 263, 267.) "Whether a course of conduct is divisible and therefore gives rise to more than one act . . . depends on the 'intent and objective' of the actor." (Ibid.) "If . . . the defendant had multiple or simultaneous objectives, independent of . . . each other, the defendant may be punished for each violation committed in pursuit of each objective even though the violations share common acts or were parts of an otherwise indivisible course of conduct." (Id. at pp. 267-268.)

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