What is the test for Section 654 of the California Code of Civil Procedure when a course of conduct violated more than one statute?

California, United States of America


The following excerpt is from People v. NOLASCO, B222755, No. LA060052 (Cal. App. 2011):

Section 654 provides in 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), italics added.) "[S]ection 654 applies not only where there was but one act in the ordinary sense, but also where there was a course of conduct which violated more than one statute but nevertheless constituted an indivisible transaction." (People v. Perez (1979) 23 Cal.3d 545, 551 (Perez).)

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