Does section 654, subdivision (a) of the California Criminal Code, Section 654 of the Criminal Code protect a defendant against prosecution for an act or omission committed during a course of conduct deemed to be indivisible in time?
California, United States of America
The following excerpt is from People v. Mendez, A128082 (Cal. App. 2011):
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. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other." The protections of section 654 have been extended to cases "in which several offenses are committed during a course of conduct deemed to be indivisible in time. [Citation.]" (People v. Palacios (2007) 41 Cal.4th 720, 727.)
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