At page 512 Determining multiple criminal objectives for separate offenses22 citing casestrial court’s implied finding that a defendant harbored a separate intent and objective for each offense will be upheld on appeal if supported by substantial evidence
- People v. Hodges, No. F088894 (Cal. Ct. App. Sept. 21, 2026).unpublished(A trial court’s implied finding that a defendant harbored a separate intent and objective for each offense will be upheld on appeal if it is supported by substantial evidence.)
- People v. Calderon, No. F077272 (Cal. Ct. App. Mar. 25, 2021).unpublished(A trial court’s implied finding that a defendant harbored a separate intent and objective for each offense will be upheld on appeal if it is supported by substantial evidence.)
- People v. Crummie, No. F077994 (Cal. Ct. App. Mar. 22, 2021).unpublished(Where a defendant entertains multiple criminal objectives independent of and not merely incidental to each other, he may be punished for more than one crime even though the violations share common acts or are parts of…)
- People v. Jimenez, 32 Cal. App. 5th 409 (Cal. Ct. App. 2019).published (Where a defendant entertains multiple criminal objectives independent of and not merely incidental to each other, he may be *426 punished for more than one crime even though the violations share common acts or are part…)
- People v. Phung, 25 Cal. App. 5th 741 (Cal. Ct. App. 2018).published(trial court’s implied finding defendant harbored separate intents 10 and objectives upheld on appeal if supported by substantial evidence)
- People v. Phung, 9 Cal. App. 5th 866 (Cal. Ct. App. 2017).published(trial court’s implied finding defendant harbored separate intents and objectives upheld on appeal if supported by substantial evidence)
- People v. Chung, No. B253580N (Cal. Ct. App. June 29, 2015).published (distinguishing Adams because the record “supports an inference that defendant intended multiple sales to different customers)
- People v. Chung, 237 Cal. App. 4th 462 (Cal. Ct. App. 2015).published(distinguishing Adams because the record “supports an inference that defendant intended multiple sales to different customers)
- People v. Dowdell, 227 Cal. App. 4th 1388 (Cal. Ct. App. 2014).published(People v. Braz (1997) 57 Cal.App.4th 1, 10 [ 66 Cal.Rptr.2d 553 ]; People v. Blake (1998) 68 Cal.App.4th 509, 512 [ 80 Cal.Rptr.2d 308 ].) *1415 2.
- People v. Islas, 210 Cal. App. 4th 116 (Cal. Ct. App. 2012).published(People v. Osband (1996) 13 Cal.4th 622, 730-731 [ 55 Cal.Rptr.2d 26 , 919 P.2d 640 ].) “A trial court’s implied finding that a defendant harbored a separate intent and objective for each offense will be upheld on appeal if it is supported…
Show 11 more citing cases
- People v. Lopez, 198 Cal. App. 4th 698 (Cal. Ct. App. 2011).published(People v. Blake (1998) 68 Cal.App.4th 509, 512 [ 80 Cal.Rptr.2d 308 ].) Thus, “[w]e review the trial court’s findings ‘in a light most favorable to the respondent and presume in support of the order the existence of every fact the trier c…
- People v. Otubuah, 184 Cal. App. 4th 422 (Cal. Ct. App. 2010).publishedApplying Section 654 Having concluded that three convictions lie, we evaluate whether the sentence for any of the three convictions should be stayed pursuant to section 654. (4) "Section 654 precludes multiple punishment for a single act o…
- People v. Tarris, 180 Cal. App. 4th 612 (Cal. Ct. App. 2009).published(See People v. Blake (1998) 68 Cal.App.4th 509, 512 [ 80 Cal.Rptr.2d 308 ].) In the absence of any reference to Penal Code section 654 during sentencing, the fact that the court did not stay the sentence on any count is generally deemed to…
- People v. Racy, 148 Cal. App. 4th 1327 (Cal. Ct. App. 2007).publishedA defendant cannot be punished multiple times for convictions that arise out of “an indivisible transaction” and have a “single intent and objective.” (People v. Avalos, (1996) 47 Cal.App.4th 1569, 1583 [ 55 Cal.Rptr.2d 450 ].) “A trial co…
- People v. Dove III, 124 Cal. App. 4th 1 (Cal. Ct. App. 2004).published(trial court’s implied finding that Pen. Code, § 654 does not apply will be upheld on appeal if supported by substantial evidence)
- People v. Jones, 103 Cal. App. 4th 1139 (Cal. Ct. App. 2002).published(trial court’s implied finding that a defendant harbored a separate intent and objective for each offense will be upheld on appeal if supported by substantial evidence)
- People v. Trail, No. A136726 (Cal. Ct. App. July 30, 2015).unpublished An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other.” 12 violations and punishment.” (Beamon, supra, 8 Cal.3d at p. 639, fn. 11 ; see People v. Felix (2001) 92 Cal.App.4th 9…
- People v. Davis, No. F065980 (Cal. Ct. App. July 6, 2015).unpublished(A trial court’s implied finding that a defendant harbored a separate intent and objective for each offense will be upheld on appeal if it is supported by substantial evidence.)
- People v. Hermosillo, No. H037917 (Cal. Ct. App. Aug. 27, 2013).unpublished
- People v. Reid, No. G049219 (Cal. Ct. App. Mar. 20, 2014).unpublished
- People v. Hargis, No. F067352 (Cal. Ct. App. Aug. 25, 2015).unpublished
Other citing cases
- People v. Nayeri, No. G059610 (Cal. Ct. App. May 13, 2025).unpublished
- (HC) Blair v. Price, No. 2:16-cv-00132 (E.D. Cal. July 1, 2020).
- P. v. Frick, No. A133676 (Cal. Ct. App. Mar. 5, 2013).unpublished
v.
GREGORY ALAN BLAKE, Defendant and Appellant
Opinion
SCOTLAND, Acting P. J .Defendant Gregory Alan Blake was convicted of multiple offenses, including transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and transportation of marijuana (Health &[*511] Saf. Code, § 11360, subd. (a)). He was sentenced to an aggregate term of six years, four months in state prison.
On appeal, defendant contends that, because he transported both drugs in his car at the same time, the trial cotut violated Penal Code section 654 (hereafter section 654) when it imposed sentences for both transportation convictions. We disagree.
As we shall explain, the evidence supports a reasonable inference that defendant had separate objectives in transporting the methamphetamine and marijuana in that he intended to sell them to different customers. Therefore, section 654 does not preclude conviction and imposition of sentence for both transportation offenses. Accordingly, we shall affirm the judgment.
Discussion
During a search of defendant’s car, an officer found numerous items of contraband and evidence indicating defendant was involved in the sale of illicit drugs. Among the things seized were a jar containing methamphetamine, which was found in the left fender well of the car, and a “PVC” pipe containing marijuana, which was in a separate hidden compartment in the vehicle.
At the time of sentencing in this case, section 654 provided in pertinent part: “An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one[.]” (Stats. 1977, ch. 165, § 11, p. 644.)
Citing In re Adams (1975) 14 Cal.3d 629 [122 Cal.Rptr. 73, 536 P.2d 473], defendant claims section 654 precluded “active sentences on both transportation charges[.]” However, In re Adams is readily distinguishable.
Adams was observed to drive into a parking lot and transfer an attaché case and numerous plastic bags (later determined to contain benzedrine, Seconal, marijuana, heroin and pantopon) into a codefendant’s car. The drugs were seized soon thereafter when the codefendant completed a prearranged sale of benzedrine to an undercover officer. {In re Adams, supra, 14 Cal.3d at p. 632.) Adams was convicted of selling benzedrine and five counts of transporting controlled substances (one count for each of the five[*512] different drugs he transferred to the codefendant’s car), and sentence was imposed for each count. (Ibid.) In a habeas corpus proceeding, he argued that “section 654 invalidates his conviction for five separate counts of transporting drugs, since the act of transportation constituted a single course of conduct accompanied by a single intent and objective.” (Id., at p. 633.) The Supreme Court agreed. Noting Adams transported all the drugs to one person, his codefendant, the court held that, where “different kinds of drugs are simultaneously transported in one, indivisible transaction, with the single intent and objective of delivering them to another person, only one act of illegal transportation occurs.” (Id., at p. 632.)
In contrast, nothing in this case indicates defendant transported the methamphetamine and marijuana with the intent to deliver them to one person. To the contrary, the record supports an inference that defendant intended multiple sales to different customers: (1) the marijuana and methamphetamine were stored in separate containers in different concealed compartments of the car; (2) the marijuana was packaged in a manner consistent with multiple, individual sales; (3) the amounts of marijuana and methamphetamine were consistent with delivery to more than one individual; (4) the difference between the drugs suggests they were “directed at different buyers” (People v. Menius (1994) 25 Cal.App.4th 1290, 1297 [31 Cal.Rptr.2d 15]); and (5) the presence of a “pay-owe” sheet with multiple entries, a police scanner, baby wipes, and a scale indicates defendant was engaged in an elaborate drug trafficking operation involving multiple sales to different individuals, rather than one single delivery. [1]
Where a defendant entertains multiple criminal objectives independent of and not merely incidental to each other, he may be punished for more than one crime even though the violations share common acts or are parts of an otherwise indivisible course of conduct. (People v. Beamon (1973) 8 Cal.3d 625, 639 [105 Cal.Rptr. 681, 504 P.2d 905].) A trial court’s implied finding that a defendant harbored a separate intent and objective for each offense will be upheld on appeal if it is supported by substantial evidence. (People v. Green (1988) 200 Cal.App.3d 538, 543-544 [246 Cal.Rptr. 164].)
Because the evidence highlighted above supports a finding that defendant had separate objectives in transporting the methamphetamine and marijuana, he properly was convicted of both offenses, and the trial court correctly imposed sentences for both transportation convictions.
[*513] Disposition
The judgment is affirmed.
Nicholson, J., and Hull, J., concurred.
An expert testified that the strong odor of baby wipes disguises the odor of controlled substances and prevents detection by agents or inspection canines.