Can an appellant be punished for vandalism and assault under section 654 of the California Criminal Code for both the vandalism and the assault?

California, United States of America


The following excerpt is from People v. Garcia, A148966 (Cal. App. 2017):

broke the window. That separate objective is sufficient basis under section 654 to punish appellant for both the vandalism and the assault. (See, e.g., People v. Leonard (2014) 228 Cal.App.4th 465, 499 [" 'If [a defendant] entertained multiple criminal objectives which were independent of and not merely incidental to each other, he may be punished 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.' "].)

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