How does Section 654 of the California Criminal Code apply where a single act violates more than one statute?

California, United States of America


The following excerpt is from People v. Kelly, 200 Cal.Rptr.3d 477, 245 Cal.App.4th 1119 (Cal. App. 2016):

imprisonment, but in no case shall the act or omission be punished under more than one provision." Section 654 applies where a single act violates more than one statute. (Neal v. State of California (1960) 55 Cal.2d 11, 20, 9 Cal.Rptr. 607, 357 P.2d 839.) The purpose of the

[245 Cal.App.4th 1131]

statute is to ensure a defendant's punishment is commensurate with his or her culpability. (People v. Latimer (1993) 5 Cal.4th 1203, 1211, 23 Cal.Rptr.2d 144, 858 P.2d 611.)

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