What is the test for multiple convictions under section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Bryant, D074040 (Cal. App. 2019):

Although the defendant must form a separate intent and objective for each offense, these separate intents and objectives may be the same in substance. "It seems clear that a course of conduct divisible in time, although directed to one objective, may give rise to multiple violations and punishment." (People v. Beamon (1973) 8 Cal.3d 625, 639,

Page 15

fn. 11.) "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.' " (People v. Lopez (2011) 198 Cal.App.4th 698, 717-718; accord, People v. Deegan (2016) 247 Cal.App.4th 532, 542.)

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