Is a course of conduct indivisible for purposes of section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Emerson, D068423 (Cal. App. 2017):

Whether a course of conduct is indivisible for purposes of section 654 generally depends on the defendant's intent and objective, not the temporal proximity of the offenses. (People v. Hicks (1993) 6 Cal.4th 784, 789.) Thus, if all the criminal acts were incident to one objective, section 654 generally does not apply and punishment may be imposed only as to one of the offenses committed. (People v. Rodriguez (2009) 47

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