Does section 654 of the California Criminal Code allow a single offender to receive a concurrent or consecutive sentence?

California, United States of America


The following excerpt is from People v. Garcia, H043410 (Cal. App. 2017):

"Section 654 precludes multiple punishment for a single act or omission, or an indivisible course of conduct." (People v. Deloza (1998) 18 Cal.4th 585, 591 (Deloza).) " '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.' " (People v. Latimer (1993) 5 Cal.4th 1203, 1208.)

"When confronted with offenses within the purview of section 654, the proper procedure is to stay execution of sentence on all but one of the offenses subject to this section." (People v. Pena (1992) 7 Cal.App.4th 1294, 1312, italics omitted.) "Section 654 does not allow any multiple punishment, including either concurrent or consecutive sentences." (Deloza, supra, 18 Cal.4th at p. 592.)

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