Is Section 654 of the California Penal Code applicable to a defendant who has been convicted of multiple crimes under the same law?

California, United States of America


The following excerpt is from People v. Craft, 154 Cal.App.3d 674, 201 Cal.Rptr. 490 (Cal. App. 1984):

Section 654 provides, in pertinent part, that "[a]n act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one; ..." The statute does not preclude multiple convictions but only multiple punishments for a single act or indivisible course of conduct. (People v. Miller (1977) 18 Cal.3d 873, 885, 135 Cal.Rptr. 654, 558 P.2d 552.)

"The proscription against double punishment ... is applicable where there is a course of conduct which violates more than one statute and comprises an indivisible transaction punishable under more than one statute .... The divisibility of a course of conduct depends upon the intent and objective of the actor, and if all the offenses are incident to one objective, the defendant may be punished for any one of them but not for more than one. [Citations.]" (People v. Bauer (1969) 1 Cal.3d 368, 376, 82 Cal.Rptr. 357, 461 P.2d 637.)

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