Does Section 654 of the California Criminal Code apply to a transaction where there was one act in the ordinary sense but the other was a course of conduct that violated more than one statute?

California, United States of America


The following excerpt is from People v. McCormack, C087800 (Cal. App. 2019):

Section 654 applies not only where there was one act in the ordinary sense, but also where there was a course of conduct that violated more than one statute but nevertheless constituted an indivisible transaction. (People v. Perez (1979) 23 Cal.3d 545, 551.) However, if the evidence discloses that a defendant entertained multiple criminal objectives, he may be punished for the independent violations committed in pursuit of each objective. (Ibid.) " 'It is defendant's intent and objective, not the temporal proximity of his offenses, which determine whether the transaction is indivisible.' " (People v. Hicks (1993) 6 Cal.4th 784, 789.)

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