Shira D. Truitt is an attorney in Saint Louis, MO. 15 years experience in Divorce & Family Law, Estate, Health Care, Government, Power of Attorney, etc. - Lawyer.com lawyer search Fast & Free
5 By prohibiting multiple punishments for a single criminal act Penal Code section 654. affords protection beyond and different from that given by either the constitutional proscrip-. tion of subsequent jeopardy or the implementation of that doctrine by Penal Code section 1023..
There must be concurrence between the guilty mental state and the guilty act. This means that both elements must occur at the same time, or at essentially same time. In a criminal trial, the prosecution must prove that the defendant's guilty mental state coincided with his criminal action (the guilty act).