Does section 654 of the California Criminal Code apply to a defendant convicted of violating a restraining order?

California, United States of America


The following excerpt is from People v. DuBose, 169 Cal.Rptr.3d 599 (Cal. App. 2014):

In People v. McCoy (2012) 208 Cal.App.4th 1333, 146 Cal.Rptr.3d 469 ( McCoy ), the defendant was convicted of burglary, violating a restraining order, and other crimes when he went to the victim's residence, broke in, and sexually assaulted her. ( Id. at pp. 13351336, 146 Cal.Rptr.3d 469.) The defendant contended that, because of the way the offenses were charged, there was no jury finding that the violation of the restraining order occurred on a separate occasion from the other crimes. ( Id. at p. 1338, 146 Cal.Rptr.3d 469.) The trial court imposed punishment for the violation of the restraining order, as well as for the other crimes, despite section 654; the evidence suggested the defendant may have made more than one entry into the victim's residence, and either entry would support a conviction of violating the restraining order. ( Id. at pp. 13371338, 146 Cal.Rptr.3d 469.) The defendant objected that, because there was no jury finding for which entry was the basis for the conviction of violating a protective order (or, indeed, whether there had actually been more than one entry), the trial court could not make an independent finding that there was a separate entry upon which to base separate punishmenti.e., that section 654 did not apply. ( Id. at p. 1338, 146 Cal.Rptr.3d 469.)

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