California, United States of America
The following excerpt is from People v. Wheeler, F066696 (Cal. App. 2015):
punished under more than one provision." ( 654, subd. (a).) A course of conduct that constitutes an indivisible transaction violating more than a single statute cannot be subjected to multiple punishment. (People v. Butler (1996) 43 Cal.App.4th 1224, 1248.)
However, "multiple crimes that arise from a single course of criminal conduct may be punished separately, notwithstanding section 654, if the acts constituting the various crimes serve separate criminal objectives. [Citations.]" (People v. Davey (2005) 133 Cal.App.4th 384, 390.) "[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 parts of an otherwise indivisible course of conduct. [Citations.] The principal inquiry in each case is whether the defendant's criminal intent and objective were single or multiple. Each case must be determined on its own facts. [Citations.]" (People v. Liu (1996) 46 Cal.App.4th 1119, 1135.)
"When a trial court sentences a defendant to separate terms without making an express finding the defendant entertained separate objectives, the trial court is deemed to have made an implied finding each offense had a separate objective. [Citation.]" (People v. Islas (2012) 210 Cal.App.4th 116, 129.) We will uphold a trial court's explicit or implicit finding if it is supported by substantial evidence. The trial court's determination is viewed in the light most favorable to the People, and we presume the existence of every fact that could reasonably be deduced from the evidence. (People v. Jones (2002) 103 Cal.App.4th 1139, 1143.)
Defendant asserts his consecutive sentences for burglary and stalking violated section 654 because "ordinarily, if the defendant commits both burglary and the underlying intended felony, ... section 654 will permit punishment for one or the other but not for both. [Citations.]" (People v. Centers (1999) 73 Cal.App.4th 84, 98-99.)
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