California, United States of America
The following excerpt is from People v. Panky, 147 Cal.Rptr. 341, 82 Cal.App.3d 772 (Cal. App. 1978):
[82 Cal.App.3d 782] People v. Beamon (1973) 8 Cal.3d 625, 639, 105 Cal.Rptr. 681, 690, 504 P.2d 905, 914, sets forth the general principles of construction respecting section 654: "This court has thus construed section 654 to be applicable to limit punishment for multiple convictions arising out of either an act or omission or omission or a course of conduct deemed to be indivisible in time, in those instances wherein the accused entertained principal objective to which other objectives, if any, were merely incidental. The initial inquiry in any section 654 application is to ascertain the defendant's objective and intent. If he entertained multiple criminal objectives which were independent of and not merely incidental to each other, he may be punished for independent violations committed in pursuit of each objective even though the violations shared common acts or were parts of an otherwise indivisible course of conduct."
This analysis is for the trial court. As stated in People v. Scott (1966) 247 Cal.App.2d 371, 375-376, 55 Cal.Rptr. 525, 528: "Contrary to the supposition of the trial judge, the appellate court is not in a position to do what the trial court failed to do. Since the divisibility of the transaction depends in part upon the intent of the defendant, a factual issue is presented. It is the function of the trial court, after seeing and hearing the witnesses, to determine this factual matter which controls the number of sentences to be imposed. A reviewing court is not the place to try facts."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.