What is the test for multiple convictions under section 654 of the California Criminal Code when one crime is committed within a short period of time but the other is not one crime?

California, United States of America


The following excerpt is from People v. Moon, F069168 (Cal. App. 2017):

crimes are not one transaction where the defendant had a chance to reflect between offenses and each offense created a new risk of harm.' [Citation.] Under section 654, a course of conduct divisible in time, though directed to one objective, may give rise to multiple convictions and multiple punishment 'where the offenses are temporally separated in such a way as to afford the defendant opportunity to reflect and renew his or her intent before committing the next one, thereby aggravating the violation of public security or policy already undertaken.' [Citation.]" (People v. Lopez (2011) 198 Cal.App.4th 698, 717-718; accord, People v. Felix (2001) 92 Cal.App.4th 905, 915.)

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