Does section 654 of the California Criminal Code apply to a defendant convicted of corporal injury to his spouse?

California, United States of America


The following excerpt is from People v. Bruno-Martinez, No. C060660 (Cal. App. 3/30/2010), No. C060660. (Cal. App. 2010):

In People v. Martin (2005) 133 Cal.App.4th 776 (Martin), the defendant was convicted of corporal injury to a spouse, resisting arrest and battery of a peace officer and was sentenced on all three offenses. (Id. at p. 779.) The latter two offenses stemmed from defendant's act of resisting several officers who were trying to arrest him and injuring one of them. (Id. at pp. 779-780.) On appeal, the defendant argued section 654 prohibited sentencing on both the resisting and battery offenses, because they were committed during an indivisible course of conduct with a single objective, escape. (Id. at p. 780.)

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