Can a defendant be convicted and punished for each crime of violence committed against a different victim?

California, United States of America


The following excerpt is from People v. Lopez, H035015 (Cal. App. 2012):

Under the multiple victim exception to section 654, " ' "even though a defendant entertains but a single principal objective during an indivisible course of conduct, he may be convicted and punished for each crime of violence committed against a different victim." [Citations.]' " (People v. Centers (1999) 73 Cal.App.4th 84, 99.) The determination of whether section 654 applies in a case is a question of fact for the trial court, which is vested with broad latitude in making its determination. (People v. Hutchins (2001) 90 Cal.App.4th 1308, 1312.)

Attempted dissuasion under section 136.1 is a continuous conduct crime. (People v. Salvato (1991) 234 Cal.App.3d 872, 882.) " '[T]he statute contemplates a continuous course of conduct of a series of acts over a period of time. [Citation.]' [Citation.] " (Ibid.) "The language of section 136.1 focuses on an unlawful goal or effect, [the dissuasion from making a report to the police], rather than on any particular action taken to produce that end. 'Prevent' and 'dissuade' denote conduct which can occur over a period of time as well as instantaneously. The gravamen of the offense is the cumulative outcome of any number of acts, any one of which alone might not be criminal." (Id. at p. 883.)

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