Does section 654 of the California Criminal Code require a separate punishment for driving or taking a vehicle without the owner's consent?

California, United States of America


The following excerpt is from People v. Scott, B284384 (Cal. App. 2018):

People v. See (1980) 109 Cal.App.3d 76, cited by the People, is distinguishable. In that case the defendant "and another person broke into a business office and stole several thousand dollars worth of office equipment. They removed the stolen items in a friend's car. They 'hot-wired' a truck and returned to the office building to remove a safe they had seen but could not remove by car. When they later opened the safe and found only papers, they abandoned the truck and safe." (Id. at p. 79.) The court held section 654 did not prohibit separate punishment for burglary and driving or taking a vehicle without the owner's consent because, even though "only one burglary was charged," there were in fact two burglaries, "one before the theft of a truck and one after," and because "the first burglary was completed

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