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

California, United States of America


The following excerpt is from People v. Guzman, E050850 (Cal. App. 2012):

Section 654, subdivision (a), provides: "An 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." Our Supreme Court has "broadly" construed section 654. (People v. Rodriguez (2009) 47 Cal.4th 501, 507.) Our high court has concluded section 654 applies "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 [the course of conduct] comprised a divisible 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.' [Citation.]" (Rodriguez, at p. 507.) A trial court's finding that section 654 is applicable will be

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