Does section 654 of the California Criminal Code require a single offender to be punished for two separate crimes?

California, United States of America


The following excerpt is from People v. Chenda, D064735 (Cal. App. 2014):

The code section " 'precludes multiple punishment for a single act or omission, or an indivisible course of conduct.' [Citation.] ' "Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 depends on the intent and objective of the actor. If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses not for more than one." [Citation.]' [Citation.] If the court makes no express findings on the issue, as happened here, a finding that the crimes were divisible is implicit in the judgment and must be upheld if supported by substantial evidence. [Citation.] Thus, '[w]e review the trial court's findings "in a light most favorable to the respondent and presume in support of the order the existence of every fact the trier could reasonably deduce from the evidence. [Citation.]" ' [Citation.]" (People v. Lopez (2011) 198 Cal.App.4th 698, 717.)

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