How has section 654 of the California Code of Civil Procedure been interpreted for purposes of determining whether a defendant can be convicted of administering alcohol with intent to commit a lewd or lascivious act with a minor?

California, United States of America


The following excerpt is from People v. Cabrera, F075531 (Cal. App. 2019):

Defendant was convicted of administering an intoxicant with the intent to commit a lewd or lascivious act with a minor, and the trial court impliedly determined he harbored multiple criminal objectives for the purpose of determining whether to apply section 654. (People v. Islas (2012) 210 Cal.App.4th 116, 129, citing People v. Osband (1996) 13 Cal.4th 622, 730-731.) The evidence shows that in all three incidents during which defendant furnished alcohol or marijuana to Doe and then later engaged in sexual activity with her, he also simultaneously furnished those substances to A.C., his minor daughter. The two girls, who were friends, consumed the alcohol and the marijuana together while "hanging out" with defendant, and there is no suggestion in the record that defendant engaged in any sexual conduct with his daughter. We conclude that from this

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