What is the test for determining whether a course of criminal conduct is divisible and therefore gives rise to more than one act?

California, United States of America


The following excerpt is from People v. Garcia, F061984, F064479 (Cal. App. 2014):

The case of Neal v. State of California (1960) 55 Cal.2d 11 stands for the proposition that "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." (Id. at p. 19.)

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