What is the test for a single charge under section 654 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Goolsby, 166 Cal.Rptr.3d 697 (Cal. App. 2014):

Under Penal Code section 654, as construed in Kellett v. Superior Court (1966) 63 Cal.2d 822, 48 Cal.Rptr. 366, 409 P.2d 206, all offenses arising out of a single act or course of conduct must be prosecuted in a single proceeding, if the prosecution is or should be aware of them. ( Id . at p. 827, 48 Cal.Rptr. 366, 409 P.2d 206.) "Failure to unite all such offenses will result in a bar to subsequent prosecution of any offense omitted if the initial proceedings culminate in either acquittal or conviction and sentence." ( Ibid ., fn. omitted.)

[166 Cal.Rptr.3d 704]

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