California, United States of America
The following excerpt is from People v. Gonzalez, H037854 (Cal. App. 2013):
Whether there was a single intent and objective within the meaning of section 654 is a factual determination that must be upheld on appeal if it is supported by substantial evidence. (People v. Osband (1996) 13 Cal.4th 622, 730.)
Defendant relies on two cases also involving burglary and robbery charges in which section 654 required the stay of one count. In People v. Le (2006) 136 Cal.App.4th 925 (Le), the defendant was the driver in the burglary of a drugstore. The store managers came out to the vehicle and struggled with the defendant while trying to prevent him from driving away. The trial court separately punished the burglary and robbery, but on appeal the People conceded that section 654 applied. This court found the concession appropriate, since both offenses were committed pursuant to the objective of stealing merchandise from the store. (Id. at p. 931.)
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