Error and/or relief
Section 654 required the court to stay the punishment for one of his two criminal threat convictions. The record is devoid of any evidence suggesting that the defendant had sufficient time to reflect and renew his intent between his act of sending the first set of text messages giving rise to count 2 and his act of sending the second set of text messages giving rise to count 3. Therefore, we modify the judgment to stay the punishment for one of the counts.
First Holding:
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. Section 654 protects against multiple punishment, not multiple conviction. To avoid double punishment, a sentencing court applying section 654 will impose the sentence for one offense while staying the imposition of the sentence on the other offense.
Authority:
PEN 654
People v. Correa (2012) 54 Cal.4th 331, 336
People v. Mathis (2025) 111 Cal.App.5th 359, 367
Second Holding:
Whether a defendant may be subjected to multiple punishment under section 654 requires a two-step inquiry, because the statutory reference to an act or omission may include not only a discrete physical act but also a course of conduct encompassing several acts pursued with a single objective. We first consider if the different crimes were completed by a single physical act. If so, the defendant may not be punished more than once for that act. Only if we conclude that the case involves more than a single act—i.e., a course of conduct—do we then consider whether that course of conduct reflects a single intent and objective or multiple intents and objectives.
Authority:
People v. Corpening (2016) 2 Cal.5th 307, 311–312
People v. Mathis (2025) 111 Cal.App.5th 359, 367
Third Holding:
Whether section 654 applies in a given case is a question of fact for the trial court, which is vested with broad latitude in making its determination. The court’s express or implied findings in support of its determination that section 654 does not apply will be upheld on appeal if substantial evidence supports them. The applicability of section 654 to settled facts presents a question of law.
Authority:
People v. Cruz (2020) 46 Cal.App.5th 715, 737
People v. Harrison (1989) 48 Cal.3d 321, 335
Fourth Holding:
Where there is a basis for identifying the specific factual basis for a verdict, a trial court cannot find otherwise in applying section 654. However, in the absence of some circumstance foreclosing its sentencing discretion a trial court may base its decision under section 654 on any of the facts that are in evidence at trial, without regard to the verdicts. Indeed, a court may even rely on facts underlying verdicts of acquittal in making sentencing choices.
Authority:
People v. McCoy (2012) 208 Cal.App.4th 1333, 1339-1340
Fifth Holding:
If multiple offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one. However, a course of conduct divisible in time, although directed to one objective, may give rise to multiple violations and punishment. This is particularly so where the offenses are temporally separated in such a way as to afford the defendant opportunity to reflect and to renew his or her intent before committing the next one, thereby aggravating the violation of public security or policy already undertaken.
Authority:
People v. Fuentes (2022) 78 Cal.App.5th 670, 680
People v. Gaynor (2019) 42 Cal.App.5th 794, 800 [even if a course of conduct is directed to one objective, it may give rise to multiple violations and punishment if it is divisible in time]
People v. Goode (2015) 243 Cal.App.4th 484, 492 [If the offenses were committed on different occasions, they may be punished separately]
People v. Gaio (2000) 81 Cal.App.4th 919, 935
People v. Louie (2012) 203 Cal.App.4th 388, 399 [If the separation in time afforded the defendant an opportunity to reflect and to renew the defendant’s intent before committing the next crime, a new and separate crime is committed.]
