Can an act of violence against an unresisting victim or witness be considered incidental to a robbery?
California, United States of America
The following excerpt is from People v. Velazquez, E044109 (Cal. App. 12/24/2009), E044109. (Cal. App. 2009):
Therefore, a separate act of violence against an unresisting victim or witness, whether gratuitous or to facilitate escape or avoid prosecution, may be found not incidental to robbery for purposes of Penal Code section 654. (People v. Sandoval (1994) 30 Cal.App.4th 1288, 1300.)
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