What is the test for invoking section 654 of the Criminal Code when a police officer encounters two females and appellant during a robbery?

California, United States of America


The following excerpt is from People v. Key, D075816 (Cal. App. 2020):

In an attempt to invoke section 654, Key relies on the close proximity between the store where the robbery occurred and the median where the police first encountered the two females, and the principle that robbery is a "continuing offense that begins from the time of the original taking until the robber reaches a place of relative safety." (People v. Anderson (2011) 51 Cal.4th 989, 994.) Key contends "it is eminently reasonable to infer both that appellant and his confederates were in the early stages of effecting their escape from the scene of the robbery and that they had not yet reached a point of relative safety when [the police officer] encountered the females and appellant."

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