Can a defendant be punished under section 654 of the California Criminal Code for a single crime?

California, United States of America


The following excerpt is from People v. Brown, E070702 (Cal. App. 2020):

punished under more than one provision. . . ." "The purpose of this statute is to prevent multiple punishment for a single act or omission, even though that act or omission violates more than one statute and thus constitutes more than one crime. . . ." (People v. Hutchins (2001) 90 Cal.App.4th 1308, 1312.)

"The question whether section 654 is factually applicable to a given series of offenses is for the trial court, and the law gives the trial court broad latitude in making this determination. Its findings on this question [express or implied] must be upheld on appeal if there is any substantial evidence to support them. [Citations.] 'We must "view the evidence in a light most favorable to the respondent and presume in support of the [sentencing] order the existence of every fact the trier could reasonably deduce from the evidence." ' " (People v. Hutchins, supra, 90 Cal.App.4th at pp. 1312-1313.)

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