California, United States of America
The following excerpt is from People v. Burnhart, C082210 (Cal. App. 2018):
Robbery. Penal Code section 654 prohibits punishing a defendant for both a kidnapping for robbery and for any robbery that results from the conduct. (People v. Milan (1973) 9 Cal.3d 185, 197.) Defendant's conviction for robbery was based on the same course of conduct as his conviction for kidnapping for the purpose of robbery. The Attorney General concedes, therefore, he cannot be punished for both. Since the punishment for kidnapping for robbery is greater than for robbery, the latter must be stayed. We remand to the trial court to designate a new principal term and recalculate defendant's determinate term to reflect the change.
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