What is the test for multiple punishments under section 654 of the California Criminal Code when a single act or omission constitutes a divisible transaction?

California, United States of America


The following excerpt is from People v. Mortensen, C083631 (Cal. App. 2018):

Section 654 provides, in relevant part: "An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." ( 654, subd. (a).) The statute "does not allow any multiple punishment, whether concurrent or consecutive." (People v. Deloza (1998) 18 Cal.4th 585, 594, italics omitted.)

"Section 654 precludes multiple punishments for a single act or indivisible course of conduct. [Citation.]" (People v. Hester (2000) 22 Cal.4th 290, 294.) " 'Few if any crimes, however, are the result of a single physical act. "Section 654 has been applied not only where there was but one 'act' in the ordinary sense . . . but also where a course of conduct violated more than one statute and the problem was whether it comprised a divisible transaction which could be punished under more than one statute within the meaning of section 654." [Citation.]' [Citation.]" (People v. Latimer (1993) 5 Cal.4th 1203, 1208.)

Other Questions


Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
Is a criminal offence punishable by section 654 of the California Criminal Code for gross negligence punishable by a single crime arising from two crimes arising from a single, indivisible course of conduct? (California, United States of America)
Does Section 654 of the California Criminal Code bar multiple sex offenders from receiving multiple punishment for multiple sex crimes committed during a single course of conduct? (California, United States of America)
Does Section 654, subdivision (a) of the California Criminal Code allow for multiple punishments for an act or omission that violates more than one statute but constitutes an indivisible transaction? (California, United States of America)
Does section 654 of the California Criminal Code prohibit multiple punishment for multiple crimes arising out of a single transaction? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, allow a single offender to be punished for a single crime committed against a multiple victim? (California, United States of America)
Does section 654 of the California Criminal Code prohibit multiple punishment for a single act or omission? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does Section 654, subdivision (a) of the Criminal Code of California apply to a lesser punishment for an act or omission that is punishable by a different section of the law? (California, United States of America)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.