California, United States of America
The following excerpt is from People v. Langarica, C069062 (Cal. App. 2014):
Defendants also contend the criminal threats they made to the wife (repeatedly telling her they would kill her) were part of the robbery and kidnapping crimes and should not have been separately punished. The early threats do appear to have been made to keep the wife compliant so they could rob and kidnap her, but during the subsequent drive to the levee, the threats were renewed in the context of sexually assaulting and "get[ting] rid" of her. The trial court found that the criminal threats made during the drive to the levee were separate from the other criminal acts. Based on that factual finding, which is supported by the cited evidence, separate sentences were warranted. (See People v. Nubla (1999) 74 Cal.App.4th 719, 730-731 [approving separate
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