Can a defendant be punished under section 654 of the California Criminal Code for failing to comply with the requirements of Section 654, subdivision (a) of the Criminal Code?

California, United States of America


The following excerpt is from The People v. Taylor, No. B217990, No. YA073134 (Cal. App. 2010):

Section 654, subdivision (a) precludes punishment of an act or omission under more than one provision of law: "An 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." Section 654 applies not only to a single act or omission, but also to a course of conduct that violates more than one statute. (People v. Wynn (2010) 184 Cal.App.4th 1210, 1214.)

Application of section 654 turns on defendant's intent and objective in violating multiple statutory provisions. (People v. Britt (2004) 32 Cal.4th 944, 951-952.)

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