What is the test for section 654 of the California Code of Civil Procedure when a single act or omission constitutes a "divisible transaction"?

California, United States of America


The following excerpt is from People v. Cruz, 259 Cal.Rptr.3d 870, 46 Cal.App.5th 715 (Cal. App. 2020):

"Although section 654 literally applies only where multiple statutory violations arise out of a single act or omission, it has also long been applied to cases where a course of conduct violates several statutes. [Citations.] A course of conduct may be considered a single act within the meaning of section 654 and therefore be punishable only once, or it may constitute a divisible transaction which may be punished under more than one statute." ( People v. Kwok (1998) 63 Cal.App.4th 1236, 1252, 75 Cal.Rptr.2d 40.)

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