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

California, United States of America


The following excerpt is from The People v. Melendez, G041875, No. 07CF3752 (Cal. App. 2010):

Section 654, subdivision (a) declares, "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." Whether this statute applies "'depend[s] upon whether a separate and distinct act can be established as the basis of each conviction, or whether a single act has been so committed that more than one statute has been violated.... Insofar as only a single act is charged as the basis for the conviction[s]..., the defendant can be punished only once. [Citation.]'" (Neal v. State of California (1960) 55 Cal.2d 11, 19.)

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