Can a defendant be punished for two crimes arising from a single indivisible course of conduct under section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Lopez, C059164 (Cal. App. 11/3/2009), C059164 (Cal. App. 2009):

Section 654 precludes multiple punishments for two crimes arising from a single indivisible course of conduct. (People v. Latimer (1993) 5 Cal.4th 1203, 1208.) Subdivision (a) of this statute provides in relevant part 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."

If, however, a defendant acts with multiple criminal objectives that are independent of each other, the defendant may be punished for each offense, even though the violations are parts of an otherwise indivisible course of conduct. (People v. Harrison (1989) 48 Cal.3d 321, 335.)

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