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

California, United States of America


The following excerpt is from People v. Bailon, E061994 (Cal. App. 2016):

"Section 654 precludes multiple punishment for a single act or omission, or an indivisible course of conduct. [Citations.]" (People v. Deloza (1998) 18 Cal.4th 585, 591.) "Whether a course of criminal conduct is a divisible transaction which could be punished under more than one statute within the meaning of section 654 depends on the intent and objective of the actor." (People v. Saffle (1992) 4 Cal.App.4th 434, 438.)

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