What is the test for section 654 of the Criminal Code when a defendant makes threats of violence against a police officer?

California, United States of America


The following excerpt is from People v. Osby, A140903 (Cal. App. 2015):

"[S]ection 654 cannot, and should not, be stretched to cover gratuitous violence or other criminal acts far beyond those reasonably necessary to accomplish the original offense." (People v. Nguyen (1988) 204 Cal.App.3d 181, 191.) Appellant's additional threats were far beyond necessary to achieve his original objective of stealing property. Substantial evidence supports the trial court's finding that appellant had multiple criminal objectives, and that multiple punishments were therefore appropriate.

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