What is the test for section 654 of the California Criminal Code when a course of conduct violates more than one statute?

California, United States of America


The following excerpt is from People v. Vang, 104 Cal.Rptr.2d 704, 87 Cal. App. 4th 554 (Cal. App. 2001):

"Section 654 applies when there is a course of conduct which violates more than one statute but constitutes an indivisible transaction. [Citation.] The purpose of section 654 is to ensure that a defendant's punishment will be commensurate with his culpability. [Citation.] 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. [Citation .]" (People v. Saffle (1992) 4 Cal.App.4th 434, 438.)

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