Does section 654, subdivision (a) of the California Criminal Code apply to a single crime?

California, United States of America


The following excerpt is from People v. Orona, A143354 (Cal. App. 2018):

Section 654, subdivision (a) provides that "[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." When section 654 applies to a particular count, the trial court must impose sentence on that count, but then stay its execution. (People v. Correa (2012) 54 Cal.4th 331, 337.)

" ' "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." ' " (People v. Capistrano (2014) 59 Cal.4th 830, 885.)

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