California, United States of America
The following excerpt is from People v. Nishi, A154480 (Cal. App. 2019):
Pointing to People v. Kurtenbach (2012) 204 Cal.App.4th 1264 (which held that section 654 precluded punishment for both vandalism and arson where the defendant's single objective was to burn down the victim's house), the Attorney General concedes that appellant's conviction for depositing a hazardous substance should be stayed pursuant to section 654 because, as the trial court failed to consider, the prosecution produced no evidence appellant harbored more than one objective and multiple punishment was therefore precluded. The Attorney General's concession is warranted.
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The eight-month consecutive sentence imposed on appellant for depositing a hazardous substance must be stayed.
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