Can a defendant be punished multiple times under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Morgan, B304291 (Cal. App. 2021):

"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. [Citations.] We first consider if the different crimes were completed by a 'single physical act.' [Citation.] If so, the defendant may not be punished more than once for that act. Only if we conclude that the case involves more than a single act-i.e., a course of conduct-do we then consider whether that course of conduct reflects a single 'intent and objective' or multiple intents and objectives." (People v. Corpening (2016) 2 Cal.5th 307, 311 (Corpening).) If a defendant has a separate objective for each crime he committed, section 654 does not apply, even if there was an indivisible course of conduct. (People v. Harrison (1989) 48 Cal.3d 321, 335.)

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