What constitutes separate and divisible acts within the meaning of section 654 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Flores, 129 Cal.App.4th 174, 28 Cal.Rptr.3d 232 (Cal. App. 2005):
As stated above, conduct evidencing different intents constitutes separate and divisible acts within the meaning of section 654 and is subject to multiple punishment even if the crimes share common acts or were parts of an otherwise indivisible course of conduct. Whether conduct is divisible depends on the intent and objective of the actor. (People v. Cleveland, supra, 87 Cal.App.4th 263, 267, 104 Cal. Rptr.2d 641.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
What is the test for determining whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 of the California Criminal 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)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
How has section 654 of the California Criminal Code been interpreted in the context of Section 654(1) of the Criminal Code? (California, United States of America)
What is the test for determining whether a course of conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 of the California Criminal Code? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Can a defendant be punished under section 654(1) of the California Criminal Code for failing to comply with the requirements of Section 654 of the Criminal Code? (California, United States of America)
