California, United States of America
The following excerpt is from The People v. Duarte, G041195, No. 07WF0962 (Cal. App. 2010):
In Vu, another panel of this court distinguished Herrera as involving multiple victims and separate incidents. It held the defendant could not be separately punished for conspiracy to commit murder and street terrorism because although he "committed different acts, violating more than one statute,... the acts... constituted a criminal course of conduct with a single intent and objective" of conspiring to "avenge" the prior murder of a fellow gang member. (People v. Vu, supra, 143 Cal.App.4th at p. 1034.) Thus, while "that intent or objective could be parsed further into intent to promote the gang and intent to kill, those intents were not independent," but rather "dependent on, and incident to, the other." (Ibid.)
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