How has section 654 of the California Criminal Code been interpreted in the context of assault and rape cases?

California, United States of America


The following excerpt is from People v. Sandoval, F068485 (Cal. App. 2015):

Similar is People v. Brown (1961) 198 Cal.App.2d 253 where the defendant was convicted of assault and rape. The appellate court held that since the assault occurred only to permit the defendant to rape the victim, section 654 precluded punishment for both crimes. (Id. at pp. 265-266.)

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