Does section 654, subdivision (a) of the California Criminal Code apply to a defendant who has served two consecutive sentences for burglary and receiving stolen property?

California, United States of America


The following excerpt is from People v. Ferrando, A127407, A131016 (Cal. App. 2011):

Defendant argues that his consecutive sentences for burglary and receiving stolen property violate section 654 because his "acts comprised an indivisible course of conduct with a single intent and objective." Section 654, subdivision (a) provides that "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. . . ." "The purpose of this statute is to prevent multiple punishment for a single act or omission, even though that act or omission violates more than one statute and thus constitutes more than one crime. Although these distinct crimes may be charged in separate counts and may result in multiple verdicts of guilt, the trial court may impose sentence for only one of the separate offenses arising from the single act or omission the offense carrying the highest punishment." (People v. Hutchins (2001) 90 Cal.App.4th 1308, 1312.) "The question whether section 654 is factually applicable to a given series of offenses is for the trial court, and the law gives the trial court broad latitude in making this determination. Its findings on this question must be upheld on appeal if there is any substantial evidence to support them." (Ibid.)

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