What is the test for sentencing a defendant to two concurrent sentences under Section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Garcia, F076440 (Cal. App. 2019):

Section 654, subdivision (a) reads in 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." "[T]he section's proscription extends to include both concurrent and consecutive sentences ...." (In re Adams (1975) 14 Cal.3d 629, 636.) "[S]ection 654 applies not only where there was but one act in the ordinary sense, but also where there was a course of conduct which violated more than one statute but nevertheless constituted an indivisible transaction.... If all the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one." (People v. Perez (1979) 23 Cal.3d 545, 551, italics added.) " 'The defendant's intent and objective are factual questions for the trial court;

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[to permit multiple punishments,] there must be evidence to support a finding the defendant formed a separate intent and objective for each offense for which he was sentenced.' " (People v. Islas (2012) 210 Cal.App.4th 116, 129.)

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