Does a defendant have to be convicted of more than one violation arising from a single course of conduct, prohibited by section 654 of the California Penal Code?

California, United States of America


The following excerpt is from People v. McClindon, 114 Cal.App.3d 336, 170 Cal.Rptr. 492 (Cal. App. 1980):

Appellant's reliance on People v. Cruz, 83 Cal.App.3d 308, 147 Cal.Rptr. 740, to contradict this position is inappropriate. In People v. Cruz, supra, the defendant was convicted of more than one violation arising from a single course of conduct, prohibited by Penal Code section 654. In the present case, although appellant was charged with several offenses, he was convicted of one count of violation of Penal Code section 12021. Furthermore, unlike the present case, the prosecution in People v. Cruz, supra, was unable to prove that possession of the weapon was antecedent and separate from use in the alleged assaults. (Id., at p. 333, 147 Cal.Rptr. 740.)

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