Does section 654 of the California Criminal Code require a jury to agree on at least one of the numerous acts of identity theft, intercepting electronic communications and threatening or annoying telephone calls?

California, United States of America


The following excerpt is from People v. Rodriguez, A134782 (Cal. App. 2014):

agree on which act he committed." Hence, the jury necessarily agreed on at least one of the numerous acts of identity theft, intercepting electronic communications, and threatening or annoying telephone calls to find that defendant committed these offenses. Moreover, the crimes were divisible in time defendant had ample opportunity between the commission of the various instances of his criminal conduct "to reflect and renew his . . . intent before committing the next one . . . ." (People v. Gaio, supra, 81 Cal.App.4th at p. 935.) Substantial evidence supports the court's implied findings that the offenses were divisible in time although they may have been directed to the sole objective of harassing and stalking M.C. Accordingly, section 654 did not proscribe multiple punishments for the offenses.

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