How have courts interpreted section 654 of the California Penal Code to determine whether an armed robber committed three separate crimes?

California, United States of America


The following excerpt is from People v. Perez, 153 Cal.Rptr. 40, 23 Cal.3d 545, 591 P.2d 63 (Cal. 1979):

The majority strain Penal Code section 654 to reach their result, despite our interpretation of the statute in Neal v. State of California (1960) 55 Cal.2d 11, 9 Cal.Rptr. 607, 357 P.2d 839, holding that it applies if there is but a single intent and objective. It seems elementary that intent and objective, single or multiple, are generally factual, not legal, determinations.

[23 Cal.3d 557] A simple analogy may make the single intent and objective concept more readily understandable. If an armed robber holds up three persons and relieves each of his possessions, he may be punished for three separate offenses; he intended to commit three robberies for economic gain. (See [591 P.2d 71] People v. James (1977) 19 Cal.3d 99, 119, 137 Cal.Rptr. 447, 561 P.2d 1135 (burglary of three offices in one building).) But if an armed robber holds up one person, and removes a wallet from one pocket of the victim, money from another pocket, and a watch from his wrist, the criminal has not committed three punishable crimes, only one. His intent and objective was economic gain by robbing one victim of his possessions, however numerous and wherever located on the person the possessions may have been.

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