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Cal. Penal Code § 654 (2026)

✓ current as of May 2026
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(a)An act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other.

(b)Notwithstanding subdivision (a), a defendant sentenced pursuant to subdivision (a) shall not be granted probation if any of the provisions that would otherwise apply to the defendant prohibits the granting of probation.

Notes of Decisions
Cited in 775 cases (162 in the last 5 years), 1942–2026 · leading case: United States v. Melvin Martinez-Lopez, 864 F.3d 1034 (9th Cir. 2017).
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United States v. Melvin Martinez-Lopez, 864 F.3d 1034 (9th Cir. 2017). · cites it 6× “” Cal. Penal Code § 654 . Adams held that, under section 654, a defendant cannot receive multiple sentences for the simultaneous transportation of different types of drugs when the defendant transports the different drugs with a single criminal objective.”
People v. Cleveland, 2001 Cal. Daily Op. Serv. 1651 (Cal. Ct. App. 2001). · cites it 6× “And like the New Jersey law found unconstitutional in Apprendi , the California statute, Penal Code section 654, allocates this vital decision about the defendant's state of mind during the time he committed the criminal acts to the trial judge rather than the jury.”
People v. Mesa, 277 P.3d 743 (Cal. 2012). · cites it 4× “” (All statutory references are to the Penal Code.) In each of two separate incidents, defendant Tommy Mesa, a gang member and convicted felon, shot a victim and was convicted of and punished for assault with a firearm, possession of a firearm by a felon, and actively…”
People v. Nguyen, 204 Cal. App. 3d 181 (Cal. Ct. App. 1988). · cites it 6× “Procedure (3d ed. 1985) Appeal, § 783, p. 753.) And we disagree with the three justices on the point: It is one thing to commit a criminal act in order to accomplish another; Penal Code section 654 applies there.”
People v. Norrell, 913 P.2d 458 (Cal. 1996). · cites it 10× “Penal Code section 654 requires that "[a]n act or omission which is made punishable in different ways by different provisions of this *3 code may be punished under either of such provisions, but in no case can it be punished under more than one.”
Javier Arellano Hernandez v. Loretta E. Lynch, 831 F.3d 1127 (9th Cir. 2016). · cites it 3× “Whether the court was applying California Penal Code section 654 is not relevant to this court’s determination.”
People v. Tarris, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20008 (Cal. Ct. App. 2009). · cites it 4× “Penal Code Section 654 Bar Defendant argues the court was barred under Penal Code section 654 from imposing fines for both the hazardous waste disposal and transportation crimes (counts 1 & 2) because the crimes were committed with a single intent and objective, that of dumping…”
People v. King, 851 P.2d 27 (Cal. 1993). · cites it 4× “5 simply enhances the term to be imposed for an offense; when multiple terms are imposed for multiple offenses, Penal Code section 654 exists to limit the number of terms which may be executed.”
People v. Bradley, 4 Cal. Rptr. 3d 166 (Cal. Ct. App. 2003). · cites it 5× “Anomalous as it may appear initially, Penal Code section 654 may allow, *770 indeed mandate, imposition of the attempted murder sentence for a crime appellant did not intend yet prohibit adding a further sentence for the robbery she did intend.”
People v. Harris, 679 P.2d 433 (Cal. 1984). · cites it 3× “The principles underlying California's prohibition of double punishment also support the conclusion that the charging of special circumstances should be limited in this case.”
People v. Sanders, 288 P.3d 83 (Cal. 2012). · cites it 2× “BF126309A ____________________________________) Here we are called upon to apply two related but distinct concepts: (1) the rule prohibiting multiple convictions based on greater and necessarily included offenses, and (2) Penal Code section 654‟s prohibition against multiple…”
People v. Williams, 92 Cal. Daily Op. Serv. 8182 (Cal. Ct. App. 1992). · cites it 6× “Sentencing Penal Code section 654 (2a) Defendant contends the trial court erred in failing to stay, pursuant to Penal Code section 654, the sentences imposed on counts 1 and 3 for grand theft person.”
Show all 775 citing cases →
— Cal. Penal Code § 654(a) — 8 cases
Javier Arellano Hernandez v. Loretta E. Lynch, 831 F.3d 1127 (9th Cir. 2016). “Whether the court was applying California Penal Code section 654 is not relevant to this court’s determination.”
Robinson v. Kramer, 588 F.3d 1212 (9th Cir. 2009).
Guidry (ronneka) v. State, 2022 NV 39 (Nev. 2022).
Page v. Lockyer, 200 F. App'x 727 (9th Cir. 2006).
State v. Berry, 5 P.3d 658 (Wash. 2000).
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