What is the substantial evidence required for a defendant to be convicted under Section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Dubose, E062089 (Cal. App. 2017):

We apply the substantial evidence standard in reviewing the trial court's decision. (People v. Brents (2012) 53 Cal.4th 599, 618.) "'Section 654 precludes multiple punishment for a single act or indivisible course of conduct punishable under

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more than one criminal statute. Whether a course of 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. [Citation.] If all of the offenses are incident to one objective, the court may punish the defendant for any one of the offenses, but not more than one. [Citation.] If, however, the defendant had multiple or simultaneous objectives, independent of and not merely incidental to each other, the defendant may be punished for each violation committed in pursuit of each objective even though the violations shared common acts or were parts of an otherwise indivisible course of conduct.'" (People v. Hairston (2009) 174 Cal.App.4th 231, 240.)

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