Is larceny committed during a burglary a continuing course of conduct for purposes of section 654 of the Penal Code?

California, United States of America


The following excerpt is from People v. Jarrell, C081846 (Cal. App. 2020):

California courts have held that larceny committed during a burglary is a continuing course of conduct for purposes of section 654. (People v. Bernal (1994) 22 Cal.App.4th 1455, 1459.) And a panel of this court held that larceny of a firearm and possession of that same firearm the following day, without more, constituted a continuous

Page 38

course of conduct that could be punished only once. (Atencio, supra, 208 Cal.App.4th at pp. 1244-1245.)

Other Questions


Is larceny committed during a burglary a continuing course of conduct for purposes of section 654 of the Penal Code? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, Section 654 of the Criminal Code protect a defendant against prosecution for an act or omission committed during a course of conduct deemed to be indivisible in time? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
How has section 490.2 of the California Penal Code been interpreted in the context of Section 487 of the Penal Code? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)
Is Penal Code section 273.5 a crime of continuous conduct for purposes of the unanimity instruction? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.