California, United States of America
The following excerpt is from People v. Yanez, H044528 (Cal. App. 2021):
"Whether a defendant may be subjected to multiple punishment under section 654 requires a two-step inquiry, because the statutory reference to an 'act or omission' may include not only a discrete physical act but also a course of conduct encompassing several acts pursued with a single objective. [Citations.] We first consider [whether] the different crimes were completed by a 'single physical act.' ([People v.] Jones [(2012)] 54 Cal.4th [350, ] 358.) If so, the defendant may not be punished more than once for that act." (People v. Corpening (2016) 2 Cal.5th 307, 311 (Corpening); see id. at p. 312.)
"Only if we conclude that the case involves more than a single act-i.e., a course of conduct-do we then consider whether that course of conduct reflects a single 'intent and objective' or multiple intents and objectives. [Citations.]" (Corpening, supra, 2 Cal.5th at pp. 311-312.) "A trial court's express or implied determination that two crimes were separate, involving separate objectives, must be upheld on appeal if supported by substantial evidence. [Citation.]" (People v. Brents (2012) 53 Cal.4th 599, 618.)
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