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


The following excerpt is from People v. McBride, C076802 (Cal. App. 2018):

" ' "Whether a course of criminal 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. If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one." ' [Citation.] However, if the offenses were independent of and not merely incidental to each other, the defendant may be punished separately even though the violations shared common acts or were parts of an otherwise indivisible course of conduct. [Citations.] If all the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one. [Citation.]" (People v. Green (1996) 50 Cal.App.4th 1076, 1084-1085.)

" 'Whether the facts and circumstances reveal a single intent and objective within the meaning of [section] 654 is generally a factual matter; the dimension and meaning of section 654 is a legal question.' [Citation.] We apply the substantial evidence standard of review to the trial court's implied [here, express] finding that a defendant harbored a separate intent and objective for each offense. [Citations.]" (People v. Dowdell (2014) 227 Cal.App.4th 1388, 1414.)

2. Sentencing

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