Can a rape be treated as an independent "transaction" for the purpose of section 654 of the California Penal Code?
California, United States of America
The following excerpt is from People v. Castro, 27 Cal.App.4th 578, 32 Cal.Rptr.2d 529 (Cal. App. 1994):
Hence, due to the different objectives of the statutes, a rape may be an independent "transaction" for the purpose of section 654 (People v. Perez, supra, 23 Cal.3d at pp. 551, 553-554, 153 Cal.Rptr. 40, 591 P.2d 63) but, for the purpose of a weapon use enhancement, the commission of rape may continue beyond the physical completion of the act. (Cf. People v. Guzman, supra, 45 Cal.3d at pp. 949-952, 248 Cal.Rptr. 467, 755 P.2d 917.)
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