Can a single act or indivisible course of conduct be punished under section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Diaz, E071215 (Cal. App. 2020):

"Section 654 precludes multiple punishments for a single act or indivisible course of conduct. [Citation.]" (People v. Hester (2000) 22 Cal.4th 290, 294.) "'Few if any crimes, however, are the result of a single physical act. "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 and the problem was whether it comprised a divisible transaction which could be punished under more than one statute within the meaning of section 654." [Citation.]'" (People v. Latimer (1993) 5 Cal.4th 1203, 1208.)

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