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

California, United States of America


The following excerpt is from People v. Clark, B285928 (Cal. App. 2018):

"Because of the many differing circumstances wherein criminal conduct involving multiple violations may be deemed to arise out of an 'act or omission,' there can be no universal construction which directs the proper application of section 654 in every instance. [Citation.]" (People v. Beamon (1973) 8 Cal.3d 625, 636.) "Whether section 654 applies in a given case is a question of fact for the trial court, which is vested with broad

Page 10

latitude in making its determination. [Citations.] Its findings will not be reversed on appeal if there is any substantial evidence to support them. [Citations.] We review the trial court's determination in the light most favorable to the respondent and presume the existence of every fact the trial court could reasonably deduce from the evidence. [Citation.]" (People v. Jones (2002) 103 Cal.App.4th 1139, 1143; see also People v. Brents (2012) 53 Cal.4th 599, 618.)

Other Questions


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 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)
Can a defendant be punished under section 654(1) of the California Criminal Code for failing to comply with the requirements of Section 654 of the Criminal Code? (California, United States of America)
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)
How has section 654 of the California Criminal Code been interpreted in the context of Section 654(1) of the Criminal Code? (California, United States of America)
Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)
What are the consequences of section 245, subdivision (a)(1) of the California Criminal Code when it comes to section 2 and 3 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.