Does section 654 of the California Penal Code preclude multiple punishment for a single act?

California, United States of America


The following excerpt is from People v. Smith, B278416 (Cal. App. 2017):

" '[Penal Code] [s]ection 654 precludes multiple punishment for a single act or for a course of conduct comprising indivisible acts.' " (People v. Spirlin (2000) 81 Cal.App.4th 119, 129.) "Whether section 654 applies in a given case is a question of fact for the trial court, which is vested with broad latitude in making its determination. [Citations.] Its findings will not be reversed on appeal if there is any substantial evidence to support them. [Citations.] We review the trial court's determination in the light most favorable to the respondent and presume the existence of every fact the trial court could reasonably deduce from the evidence." (People v. Jones (2002) 103 Cal.App.4th 1139, 1143 (Jones).)

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