Is a course of criminal conduct divisible and therefore gives rise to more than one act within the meaning of section 654?

California, United States of America


The following excerpt is from People v. Francis, C083849 (Cal. App. 2018):

" ' "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 of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one." ' [Citation.]" (People v. Capistrano (2014) 59 Cal.4th 830, 885.) "If, on the other hand, in committing various criminal acts, the perpetrator acted with multiple criminal objectives that were independent of and not merely incidental to each other, then he [or she] may be punished for the independent violations committed in pursuit of each objective even though the violations were parts of an otherwise indivisible course of conduct. [Citation.]" (People v. Alvarado (2001) 87 Cal.App.4th 178, 196.)

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