What is the test for double punishment under section 654 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Harpe, H039590 (Cal. App. 2014):

of the statute is to ensure that the punishment is commensurate with the defendant's culpability. (People v. Perez (1979) 23 Cal.3d 545, 550-551 (Perez).)

"The proscription against double punishment in section 654 is applicable where there is a course of conduct which violates more than one statute and comprises an indivisible transaction punishable under more than one statute within the meaning of section 654. The divisibility of a course of conduct depends upon the intent and objective of the actor, and if all the offenses are incident to one objective, the defendant may be punished for any one of them but not for more than one. [Citations.]" (People v. Bauer (1969) 1 Cal.3d 368, 376.) "On the other hand, if the evidence discloses that a defendant entertained multiple criminal objectives which were independent of and not merely incidental to each other, he [or she] may be punished for the independent violations committed in pursuit of each objective even though the violations were parts of an otherwise indivisible course of conduct." (Perez, supra, 23 Cal.3d at p. 551, fn. omitted.)

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