How has section 654 of the California Criminal Code been interpreted in the context of a sexual assault case?

California, United States of America


The following excerpt is from People v. Felix, F075537 (Cal. App. 2019):

" ' "Section 654 has been applied not only where there was but one 'act' in the ordinary sense . . . but also where a course of conduct violated more than one statute . . . within the meaning of section 654." [Citation.] [] Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 depends on the intent and objective of the actor. If all the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one.' " (People v. Beamon (1973) 8 Cal.3d 625, 637, italics omitted.)

We review a trial court's determination that appellant had separate intents for " 'sufficient evidence in a light most favorable to the judgment, and presume in support of the [trial] court's conclusion the existence of every fact the trier of fact could reasonably deduce from the evidence.' " (People v. Andra (2007) 156 Cal.App.4th 638, 640-641.) Here, the trial court found the assaults constituted separate acts of violence against the victim, with separate use of weapons.3

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