Does Section 654 of the California Penal Code allow a defendant to be punished for more than one offence?

California, United States of America


The following excerpt is from The People v. Brunson, Los Angeles County Super. Ct. No. NA079895, No. B219737 (Cal. App. 2010):

"In Neal v. State of California (1960) 55 Cal.2d 11 [9 Cal.Rptr. 607, 357 P.2d 839], this court construed the statute broadly: '"Section 654 has been applied not only where there was but one 'act' in the ordinary sense... but also where a course of conduct violated more than one statute and the problem was whether it comprised a divisible

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transaction which could be punished under more than one statute within the meaning of section 654." [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 but not for more than one.' (Id. at p. 19, italics added.)" (People v. Rodriguez (2009) 47 Cal.4th 501, 507.)

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