What is the test governing the application of section 654 of the California Criminal Code for the enhancement of knife use enhancements?

California, United States of America


The following excerpt is from People v. Atayde, B257053 (Cal. App. 2015):

Here, counts 1 and 2, which underlie the knife use enhancements, implicate a course of conduct. The test governing the application of section 654 to such offenses was first stated in Neal v. State of California (1960) 55 Cal.2d 11, overruled in part in People v. Correa (2012) 54 Cal.4th 331, 334: "'Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 depends on the intent and objective of the actor. If all of the offenses were incident to one objective, the defendant may be

Page 8

Other Questions


Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does section 654 of the California Criminal Code apply to a criminal threat enhancement attached to the criminal threats charge? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Is Section 654 of the California Criminal Code applicable to a defendant who has committed a criminal offence under section 654 (1) of the Act 654, 654? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does a court violate section 654 of the California Criminal Code by imposing both a firearm enhancement and a great bodily injury enhancement under section 12022.7, subdivision (a), both at trial? (California, United States of America)
Does section 654 of the California Criminal Code apply to enhancements under section 288 of the Criminal Code? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)
Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.