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

California, United States of America


The following excerpt is from People v. Zuniga-Garcia, H043180 (Cal. App. 2017):

provision." ( 654, subd. (a).) Thus, "[s]ection 654 precludes multiple punishment for a single act or omission, or an indivisible course of conduct." (People v. Deloza (1998) 18 Cal.4th 585, 591.) " 'Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 depends on the intent and objective of the actor. If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one.' [Citation.]" (People v. Latimer (1993) 5 Cal.4th 1203, 1208.)

A trial court's finding of separate intents or objectives is "a factual determination that must be sustained on appeal if supported by substantial evidence [citation]." (People v. Osband (1996) 13 Cal.4th 622, 730.)

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