What is the test for a conviction for resisting arrest under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Catalan, B263360 (Cal. App. 2017):

denying that appellant's singular intent and objective throughout his entire course of conduct was to avoid apprehension and arrest by police, and respondent fails to articulate any basis for concluding otherwise. Further, although counts 4 and 5 involved different victimsOfficers Makel and Finalthese officers were acting in concert to take appellant into custody, and appellant's use of force was directed at both simultaneously. That being the case, appellant could be punished only once for his conduct in resisting the officers in the performance of their duties, and section 654 precluded imposition of concurrent sentences on counts 312 and 5. (See People v. Latimer (1993) 5 Cal.4th 1203, 1208.)

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