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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 are different ways in which a prosecutor can prove the defendantâs criminal intent. Criminal Intent. The criminal intent requirement for burglary varies from state to state. In some states, the prosecution must prove the defendant intended to commit a felony or theft. A felony is a crime punishable by incarceration in state prison.