section 654 one another (California) · Go Syfert
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section 654 one another in California

25 California opinions name it 2 courts 1994–2026 12 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
People v. Scottgreen
cal · 1994 · cited in 19 California opinions naming this issue, 2009–2026
2 sentences

2026Such offenses are generally ‘divisible’ from one another under section 654, and separate punishment is usually allowed.” (People v. Scott (1994) 9 Cal.4th 331, 344, fn. 6 .) “Even where the defendant has but one objective—sexual gratification—section 654 will not apply unless the crimes were either incidental to or the means by which another crime was accomplished.” 7 The trial court sentenced defendant to an additional eight months for an unrelated charge. 10 (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 (Alvarez).) Consequently, section 654 has “limited utility to defendants who commit

2025Such offenses are generally “divisible” from one another under section 654, and separate punishment is usually allowed.’ ” (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 ; see also People v. Patton (2024) 101 Cal.App.5th 922 , 930 [citing Harrison, supra, 48 Cal.3d at pp. 337–338 & People v. Perez (1979) 23 Cal.3d 545 , 550–553]; People v. Scott (1994) 9 Cal.4th 331 , 346–348.) “ ‘Ordinarily, in determining whether Penal Code section 654 applies, the trial court is entitled to make any necessary factual findings not already made by the jury.’ [Citations.] . . . ‘[I]n the absence of some c

1719
People v. Alvarezgreen
calctapp · 2009 · cited in 10 California opinions naming this issue, 2013–2026
2 sentences

2026Such offenses are generally ‘divisible’ from one another under section 654, and separate punishment is usually allowed.” (People v. Scott (1994) 9 Cal.4th 331, 344, fn. 6 .) “Even where the defendant has but one objective—sexual gratification—section 654 will not apply unless the crimes were either incidental to or the means by which another crime was accomplished.” 7 The trial court sentenced defendant to an additional eight months for an unrelated charge. 10 (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 (Alvarez).) Consequently, section 654 has “limited utility to defendants who commit

2026Such offenses are generally ‘divisible’ from one another under section 654, and separate punishment is usually allowed.” (People v. Scott (1994) 9 Cal.4th 331, 344, fn. 6 .) “Even where the defendant has but one objective—sexual gratification—section 654 will not apply unless the crimes were either incidental to or the means by which another crime was accomplished.” 7 The trial court sentenced defendant to an additional eight months for an unrelated charge. 10 (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 (Alvarez).) Consequently, section 654 has “limited utility to defendants who commit

510
People v. Perezgreen
cal · 1979 · cited in 3 California opinions naming this issue, 1994–2025
2 sentences

2025Such offenses are generally “divisible” from one another under section 654, and separate punishment is usually allowed.’ ” (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 ; see also People v. Patton (2024) 101 Cal.App.5th 922 , 930 [citing Harrison, supra, 48 Cal.3d at pp. 337–338 & People v. Perez (1979) 23 Cal.3d 545 , 550–553]; People v. Scott (1994) 9 Cal.4th 331 , 346–348.) “ ‘Ordinarily, in determining whether Penal Code section 654 applies, the trial court is entitled to make any necessary factual findings not already made by the jury.’ [Citations.] . . . ‘[I]n the absence of some c

1994(See, e.g., People v. Hicks (1993) 6 Cal.4th 784 , 788 & fn. 4 [ 25 Cal. Rptr.2d 469 , 863 P.2d 714 ]; Harrison, supra, 48 Cal.3d 321, 335-338 ; People v. Perez (1979) 23 Cal.3d 545, 552-554 [ 153 Cal. Rptr. 40 , 591 P.2d 63 ]; People v. Hicks (1965) 63 Cal.2d 764, 766 [ 48 Cal. Rptr. 139 , 408 P.2d 747 ].) [7] We recognize that a few cases have rejected the notion that "any" touching of an underage child with the requisite intent violates section 288.

33
People v. Harrisongreen
cal · 1989 · cited in 8 California opinions naming this issue, 1994–2025
2 sentences

2025Such offenses are generally “divisible” from one another under section 654, and separate punishment is usually allowed.’ ” (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 ; see also People v. Patton (2024) 101 Cal.App.5th 922 , 930 [citing Harrison, supra, 48 Cal.3d at pp. 337–338 & People v. Perez (1979) 23 Cal.3d 545 , 550–553]; People v. Scott (1994) 9 Cal.4th 331 , 346–348.) “ ‘Ordinarily, in determining whether Penal Code section 654 applies, the trial court is entitled to make any necessary factual findings not already made by the jury.’ [Citations.] . . . ‘[I]n the absence of some c

2025Such offenses are generally “divisible” from one another under section 654, and separate punishment is usually allowed.’ ” (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 ; see also People v. Patton (2024) 101 Cal.App.5th 922 , 930 [citing Harrison, supra, 48 Cal.3d at pp. 337–338 & People v. Perez (1979) 23 Cal.3d 545 , 550–553]; People v. Scott (1994) 9 Cal.4th 331 , 346–348.) “ ‘Ordinarily, in determining whether Penal Code section 654 applies, the trial court is entitled to make any necessary factual findings not already made by the jury.’ [Citations.] . . . ‘[I]n the absence of some c

28
People v. Hicksgreen
cal · 1965 · cited in 2 California opinions naming this issue, 1994–1994
2 sentences

1994(See, e.g., People v. Hicks (1993) 6 Cal.4th 784 , 788 & fn. 4 [ 25 Cal. Rptr.2d 469 , 863 P.2d 714 ]; Harrison, supra, 48 Cal.3d 321, 335-338 ; People v. Perez (1979) 23 Cal.3d 545, 552-554 [ 153 Cal. Rptr. 40 , 591 P.2d 63 ]; People v. Hicks (1965) 63 Cal.2d 764, 766 [ 48 Cal. Rptr. 139 , 408 P.2d 747 ].) [7] We recognize that a few cases have rejected the notion that "any" touching of an underage child with the requisite intent violates section 288.

1994(See, e.g., People v. Hicks (1993) 6 Cal.4th 784 , 788 & fn. 4 [ 25 Cal. Rptr.2d 469 , 863 P.2d 714 ]; Harrison, supra, 48 Cal.3d 321, 335-338 ; People v. Perez (1979) 23 Cal.3d 545, 552-554 [ 153 Cal. Rptr. 40 , 591 P.2d 63 ]; People v. Hicks (1965) 63 Cal.2d 764, 766 [ 48 Cal. Rptr. 139 , 408 P.2d 747 ].) [7] We recognize that a few cases have rejected the notion that "any" touching of an underage child with the requisite intent violates section 288.

22
People v. Jonesgreen
calctapp · 2002 · cited in 3 California opinions naming this issue, 2025–2025
2 sentences

2025Such offenses are generally “divisible” from one another under section 654, and separate punishment is usually allowed.’” (Italics added.) The divisibility of multiple crimes is determined by the trial court, “which is vested with broad latitude in making its determination.” (People v. Jones (2002) 103 Cal.App.4th 1139, 1143 .) “If the court makes no express findings on the issue, as happened here, a finding that the crimes were divisible is implicit in the judgment and must be upheld if supported by substantial evidence.” (People v. Lopez (2011) 198 Cal.App.4th 698, 717 .) Defendant alleges c

2025Such offenses are generally ‘divisible’ from one another under section 654, and separate punishment is usually allowed.” (People v. Scott (1994) 9 Cal.4th 331, 344, fn. 6 .) The divisibility of multiple crimes is determined by the trial court, “which is vested with broad latitude in making [this] determination.” (People v. Jones (2002) 103 Cal.App.4th 1139, 1143 .) Its findings will not be reversed on appeal if there is any substantial evidence to support those findings.

13
People v. Castrogreen
calctapp · 1994 · cited in 2 California opinions naming this issue, 2025–2025
2 sentences

2025If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one.’” (People v. Correa (2012) 54 Cal.4th 331 , 335–336.) “[S]ection 654 does not bar multiple punishment simply because numerous sex offenses are rapidly committed against a victim with the ‘sole’ aim of achieving sexual gratification.” (People v. Harrison (1989) 48 Cal.3d 321, 325 .) “Such offenses are generally ‘divisible’ from one another under section 654, and separate punishment is usually allowed.” (People v. Scott (1994) 9 Cal.4th 331, 344, fn. 6 .) I

2025If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one.’ [Citation.]” (People v. Correa (2012) 54 Cal.4th 331, 335-336 .) “[S]ection 654 does not bar multiple punishment simply because numerous sex offenses are rapidly committed against a victim with the ‘sole’ aim of achieving sexual gratification.” 12 (People v. Harrison (1989) 48 Cal.3d 321, 325 .) “Such offenses are generally ‘divisible’ from one another under section 654, and separate punishment is usually allowed.” (People v. Scott (1994) 9 Cal.4th 331,

12
People v. Pattongreen
calctapp · 2024 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025Such offenses are generally “divisible” from one another under section 654, and separate punishment is usually allowed.’ ” (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 ; see also People v. Patton (2024) 101 Cal.App.5th 922 , 930 [citing Harrison, supra, 48 Cal.3d at pp. 337–338 & People v. Perez (1979) 23 Cal.3d 545 , 550–553]; People v. Scott (1994) 9 Cal.4th 331 , 346–348.) “ ‘Ordinarily, in determining whether Penal Code section 654 applies, the trial court is entitled to make any necessary factual findings not already made by the jury.’ [Citations.] . . . ‘[I]n the absence of some c

11
People v. Corpeninggreen
cal · 2016 · cited in 1 California opinions naming this issue, 2025–2025
2 sentences

2025Such offenses are generally “divisible” from one another under section 654, and separate punishment is usually allowed.’ ” (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 ; see also People v. Patton (2024) 101 Cal.App.5th 922 , 930 [citing Harrison, supra, 48 Cal.3d at pp. 337–338 & People v. Perez (1979) 23 Cal.3d 545 , 550–553]; People v. Scott (1994) 9 Cal.4th 331 , 346–348.) “ ‘Ordinarily, in determining whether Penal Code section 654 applies, the trial court is entitled to make any necessary factual findings not already made by the jury.’ [Citations.] . . . ‘[I]n the absence of some c

2025Such offenses are generally “divisible” from one another under section 654, and separate punishment is usually allowed.’ ” (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 ; see also People v. Patton (2024) 101 Cal.App.5th 922 , 930 [citing Harrison, supra, 48 Cal.3d at pp. 337–338 & People v. Perez (1979) 23 Cal.3d 545 , 550–553]; People v. Scott (1994) 9 Cal.4th 331 , 346–348.) “ ‘Ordinarily, in determining whether Penal Code section 654 applies, the trial court is entitled to make any necessary factual findings not already made by the jury.’ [Citations.] . . . ‘[I]n the absence of some c

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
People v. Vang green
calctapp · 2010
2 sentences

2025If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one.’” (People v. Correa (2012) 54 Cal.4th 331 , 335–336.) “[S]ection 654 does not bar multiple punishment simply because numerous sex offenses are rapidly committed against a victim with the ‘sole’ aim of achieving sexual gratification.” (People v. Harrison (1989) 48 Cal.3d 321, 325 .) “Such offenses are generally ‘divisible’ from one another under section 654, and separate punishment is usually allowed.” (People v. Scott (1994) 9 Cal.4th 331, 344, fn. 6 .) I

2023(People v. Vang (2010) 184 Cal.App.4th 912 , 915-916.) The trial court’s ruling will not be reversed if there is any substantial evidence to support it.

22023–2025
People v. Correa green
cal · 2012
2 sentences

2025If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one.’” (People v. Correa (2012) 54 Cal.4th 331 , 335–336.) “[S]ection 654 does not bar multiple punishment simply because numerous sex offenses are rapidly committed against a victim with the ‘sole’ aim of achieving sexual gratification.” (People v. Harrison (1989) 48 Cal.3d 321, 325 .) “Such offenses are generally ‘divisible’ from one another under section 654, and separate punishment is usually allowed.” (People v. Scott (1994) 9 Cal.4th 331, 344, fn. 6 .) I

2025If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one.’ [Citation.]” (People v. Correa (2012) 54 Cal.4th 331, 335-336 .) “[S]ection 654 does not bar multiple punishment simply because numerous sex offenses are rapidly committed against a victim with the ‘sole’ aim of achieving sexual gratification.” 12 (People v. Harrison (1989) 48 Cal.3d 321, 325 .) “Such offenses are generally ‘divisible’ from one another under section 654, and separate punishment is usually allowed.” (People v. Scott (1994) 9 Cal.4th 331,

22025–2025
People v. Hicks green
cal · 1993
2 sentences

1994(See, e.g., People v. Hicks (1993) 6 Cal.4th 784 , 788 & fn. 4 [ 25 Cal. Rptr.2d 469 , 863 P.2d 714 ]; Harrison, supra, 48 Cal.3d 321, 335-338 ; People v. Perez (1979) 23 Cal.3d 545, 552-554 [ 153 Cal. Rptr. 40 , 591 P.2d 63 ]; People v. Hicks (1965) 63 Cal.2d 764, 766 [ 48 Cal. Rptr. 139 , 408 P.2d 747 ].) [7] We recognize that a few cases have rejected the notion that "any" touching of an underage child with the requisite intent violates section 288.

1994(See, e.g., People v. Hicks (1993) 6 Cal.4th 784 , 788 & fn. 4 [ 25 Cal. Rptr.2d 469 , 863 P.2d 714 ]; Harrison, supra, 48 Cal.3d 321, 335-338 ; People v. Perez (1979) 23 Cal.3d 545, 552-554 [ 153 Cal. Rptr. 40 , 591 P.2d 63 ]; People v. Hicks (1965) 63 Cal.2d 764, 766 [ 48 Cal. Rptr. 139 , 408 P.2d 747 ].) [7] We recognize that a few cases have rejected the notion that "any" touching of an underage child with the requisite intent violates section 288.

21994–1994
People v. Hicks green
calctapp · 2017
1 sentence

2026Such offenses are generally ‘divisible’ from one another under section 654, and separate punishment is usually allowed.” (People v. Scott (1994) 9 Cal.4th 331, 344, fn. 6 .) “Even where the defendant has but one objective—sexual gratification—section 654 will not apply unless the crimes were either incidental to or the means by which another crime was accomplished.” 7 The trial court sentenced defendant to an additional eight months for an unrelated charge. 10 (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 (Alvarez).) Consequently, section 654 has “limited utility to defendants who commit

12026–2026
People v. Shields green
calctapp · 2011
1 sentence

2025Such offenses are generally ‘divisible’ from one another under section 654, and separate punishment is usually allowed.” (People v. Scott (1994) 9 Cal.4th 331, 344, fn. 6 .) “ ‘[S]ection 311.4 is part of a statutory scheme “ ‘to combat the exploitive use of children in the production of pornography.’ ” ’ ” (People v. Shields (2011) 199 Cal.App.4th 323, 332 .) It “ ‘ “prohibits the employment or use of a minor . . . in the production of material depicting that minor in ‘sexual conduct.’ ” ’ ” (Ibid.) The Legislature was “particularly concerned” about sexual visual displays of children in videot

12025–2025
People v. Lopez green
calctapp · 2011
1 sentence

2025Such offenses are generally “divisible” from one another under section 654, and separate punishment is usually allowed.’” (Italics added.) The divisibility of multiple crimes is determined by the trial court, “which is vested with broad latitude in making its determination.” (People v. Jones (2002) 103 Cal.App.4th 1139, 1143 .) “If the court makes no express findings on the issue, as happened here, a finding that the crimes were divisible is implicit in the judgment and must be upheld if supported by substantial evidence.” (People v. Lopez (2011) 198 Cal.App.4th 698, 717 .) Defendant alleges c

12025–2025
People v. Deegan green
calctapp · 2016
1 sentence

2025Such offenses are generally “divisible” from one another under section 654, and separate punishment is usually allowed.’ ” (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 ; see also People v. Patton (2024) 101 Cal.App.5th 922 , 930 [citing Harrison, supra, 48 Cal.3d at pp. 337–338 & People v. Perez (1979) 23 Cal.3d 545 , 550–553]; People v. Scott (1994) 9 Cal.4th 331 , 346–348.) “ ‘Ordinarily, in determining whether Penal Code section 654 applies, the trial court is entitled to make any necessary factual findings not already made by the jury.’ [Citations.] . . . ‘[I]n the absence of some c

12025–2025
People v. DeVaughn CA4/2 green
calctapp · 2014
1 sentence

2025Such offenses are generally “divisible” from one another under section 654, and separate punishment is usually allowed.’ ” (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006 ; see also People v. Patton (2024) 101 Cal.App.5th 922 , 930 [citing Harrison, supra, 48 Cal.3d at pp. 337–338 & People v. Perez (1979) 23 Cal.3d 545 , 550–553]; People v. Scott (1994) 9 Cal.4th 331 , 346–348.) “ ‘Ordinarily, in determining whether Penal Code section 654 applies, the trial court is entitled to make any necessary factual findings not already made by the jury.’ [Citations.] . . . ‘[I]n the absence of some c

12025–2025
People v. Venegas green
calctapp · 2020
1 sentence

2025(People v. Osband (1996) 13 Cal.4th 622 , 730–731; People v. Brents (2012) 53 Cal.4th 599, 618 .) “This standard of review is exceedingly deferential.” (People v. Venegas (2020) 44 Cal.App.5th 32 , 38; see also People v. Jones (2002) 103 Cal.App.4th 1139, 1143 (Jones).) 16 3.

12025–2025
People v. Osband green
cal · 1996
1 sentence

2025(People v. Osband (1996) 13 Cal.4th 622 , 730–731; People v. Brents (2012) 53 Cal.4th 599, 618 .) “This standard of review is exceedingly deferential.” (People v. Venegas (2020) 44 Cal.App.5th 32 , 38; see also People v. Jones (2002) 103 Cal.App.4th 1139, 1143 (Jones).) 16 3.

12025–2025
People v. Brents green
cal · 2012
1 sentence

2025(People v. Osband (1996) 13 Cal.4th 622 , 730–731; People v. Brents (2012) 53 Cal.4th 599, 618 .) “This standard of review is exceedingly deferential.” (People v. Venegas (2020) 44 Cal.App.5th 32 , 38; see also People v. Jones (2002) 103 Cal.App.4th 1139, 1143 (Jones).) 16 3.

12025–2025

Statutes the citing opinions construe

CA § Cal. Penal Code § 654 (25) CA § Cal. Penal Code § 288 (5) CA § Cal. Evidence Code § 352 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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