Does section 654 of the California Penal Code bar an acquittal or conviction for the same act or omission under the same law?

California, United States of America


The following excerpt is from People v. Green, A148200 (Cal. App. 2018):

Penal Code section 654 subdivision (a) states, "[a]n act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other." The purpose of section 654 "is to insure that a defendant's punishment will be commensurate with his culpability." (People v. Perez (1979) 23 Cal.3d 545, 551.)

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