What is the test for Section 654 of the California Penal Code on multiple violations of the same law?

California, United States of America


The following excerpt is from The People, H033536, H036434 (Cal. App. 2011):

Section 654 states, in pertinent 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." "The statute 'literally applies only where [multiple] punishment arises out of multiple statutory violations produced by the "same act or omission." [Citation.] However,... its protection has been extended to cases in which there are several offenses committed during "a course of conduct deemed to be indivisible in time." ' " (People v. Hicks (1993) 6 Cal.4th 784, 789.)

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