Does section 654 of the California Criminal Code bar separate punishment for the three attempted murders and the three firearm enhancements?

California, United States of America


The following excerpt is from People v. Buckels, B242631 (Cal. App. 2013):

Buckels concedes section 654 does not bar separate punishment for the three attempted murders or the three firearm enhancements. "There is a multiple victim exception to section 654 which allows separate punishment for each crime of violence against a different victim, even though all crimes are part of an indivisible course of conduct with a single principal objective. [Citation.] An assailant's greater culpability for intending or risking harm to more than one person precludes application of section 654. [Citation.]" (People v. Felix (2009) 172 Cal.App.4th 1618, 1630-1631.) Buckels argues section 654 bars separate punishment for the three gang enhancements, however, "because the gang enhancements are not crimes of violence as anticipated under the multiple-victim exception."

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