Is a defendant liable for each unlawful sale of methamphetamine under section 654 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Ortiz, G054162 (Cal. App. 2018):

But defendant's argument fails to persuade because each sale of methamphetamine was a punishable offense within the meaning of section 654. "Because each unlawful sale occurred at different times for different amounts of money to different victims, punishment for each separate sale is not prohibited by Penal Code section 654. A single object, to obtain money, does not bar multiple punishment for separate crimes." (People v. Lochmiller (1986) 187 Cal.App.3d 151, 153.)

Here, the objective of the conspiracy was undoubtedly to make money. And every drug sale was in furtherance of that objective. But an illicit profit motive does not mean that the conspiracy and every sale of methamphetamine (as part of the conspiracy) somehow fuse to form an indivisible course of conduct under section 654. To accept defendant's argument would allow him to escape punishment that is commensurate with his culpability. (See People v. Latimer, supra, 5 Cal.4th at p. 1211.)

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