What is the test for determining whether a course of criminal conduct is Divisible, giving rise to separately punishable crimes?

California, United States of America


The following excerpt is from People v. Martinez, 264 Cal.App.2d 906, 70 Cal.Rptr. 918 (Cal. App. 1968):

[264 Cal.App.2d 914] In People v. Chapman, 261 A.C.A. 167, 197, 67 Cal.Rptr. 601, this court stated: 'When a series of connected crimes is incident to one objective, the defendant may be punished for the most serious offense but not for more than one. Pen.Code, 654; Neal v. State of California (1960) 55 Cal.2d 11, 19--20, 9 Cal.Rptr. 607, 357 P.2d 839.'

'Whether a course of criminal conduct is divisible, giving rise to separately punishable crimes, depends upon the intent and the objective of the actor. Kellett v. Superior Court (1966) 63 Cal.2d 822, 824--825, 48 Cal.Rptr. 366, 409 P.2d 206. A number of decisions involve a completed

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