What is the test for a defendant who has committed multiple violations under section 654 of the California Penal Code?

California, United States of America

The following excerpt is from People v. Gonzalez, C066880, Super. Ct. No. 10F02830 (Cal. App. 2012):

"The purpose of [Penal Code section 654's] protection against punishment for more than one violation arising out of an 'act or omission' is to insure that a defendant's punishment will be commensurate with his culpability. (See Neal v. State

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of California [(I960)] 55 Cal.2d [11,] 20.) 'Because of the many differing circumstances wherein criminal conduct involving multiple violations may be deemed to arise out of an "act or omission," there can be no universal construction which directs the proper application of [Penal Code] section 654 in every instance.' [Citations.]" (People v. Perez (1979) 23 Cal.3d 545, 550-551.)

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