Can a person be convicted of more than one crime arising out of the same act or course of conduct?

California, United States of America


The following excerpt is from People v. Gonzalez, B267319 (Cal. App. 2017):

" ' "In general, a person may be convicted of, although not punished for, more than one crime arising out of the same act or course of conduct. 'In California, a single act or course of conduct by a defendant can lead to convictions "of any number of the offenses charged." ' " ' [Citations.] [But] '[s]ection 654 bars separate punishment for multiple offenses arising out of a single, indivisible course of action.' [Citation.] Its purpose is 'to ensure that a defendant's punishment will be commensurate with his culpability.' [Citation.]" (People v. Deegan (2016) 247 Cal.App.4th 532, 541.)

" ' " 'Section 654 has been applied not only where there was but one "act" in the ordinary sense . . . but also where a course of conduct violated more than one statute . . . within the meaning of section 654.' [Citation.] [] Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 depends on the intent and objective of the actor. If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one." [Citations.]' [Citations.] [] But even if a course of conduct is 'directed to one objective,' it may 'give rise to multiple violations and punishment' if it is 'divisible in time.' [Citations.]" (People v. Deegan, supra, 247 Cal.App.4th at pp. 541-542, original italics.)

"Whether section 654 applies is a question of fact for the trial court, and its finding will be upheld if there is substantial evidence to support the finding." (People v. Buchanan (2016) 248 Cal.App.4th 603, 611.)

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