Can a defendant be punished multiple times for the same crime?

California, United States of America


The following excerpt is from People v. Nubla, 74 Cal.App.4th 719, 88 Cal.Rptr.2d 265 (Cal. App. 1999):

"Penal Code section 654 provides that even though an act violates more than one statute and thus constitutes more than one crime, a defendant may not be punished multiple times for that single act. [Citations.] The 'act' which invokes section 654 may be a continuous 'course of conduct' ... comprising an indivisible transaction....' [Citation.] 'The divisibility of a course of conduct depends upon the intent and objective of the defendant.... [I]f the evidence discloses that a defendant entertained multiple criminal objectives which were independent of and not merely incidental to each other, the trial court may impose punishment for independent violations committed in pursuit of each objective even though the violations shared common acts or were part of an otherwise indivisible course of conduct.' [Citations.]" (People v. Akins (1997) 56 Cal.App.4th 331, 338-339, 65 Cal.Rptr.2d 338.)

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