Does section 654 of the California Criminal Code apply when a defendant entertained multiple criminal objectives independent of each other?

California, United States of America


The following excerpt is from People v. Uriostegui, F060232, Merced Sup. Ct. No. CRM005365A (Cal. App. 2011):

469.) "On the other hand, section 654 does not apply when the evidence discloses that a defendant entertained multiple criminal objectives independent of each other. In that case, 'the trial court may impose punishment 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. [Citations.] The principal inquiry in each case is whether the defendant's criminal intent and objective were single or multiple.' [Citation.]" (Ibid.) "The question of whether the defendant held multiple criminal objectives is one of fact for the trial court, and, if supported by any substantial evidence, its finding will be upheld on appeal. [Citations.]" (People v. Herrera (1999) 70 Cal.App.4th 1456, 1466 (Herrera).)

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