Does a conviction for displaying a firearm and making a criminal threat form the basis of a stalking conviction?

California, United States of America


The following excerpt is from People v. Meza, F068795 (Cal. App. 2015):

Under this definition, it would appear as though defendant's convictions for displaying a firearm and making a criminal threat formed the basis of his conviction for stalking, and therefore represented acts within an indivisible course of conduct. However, as noted above, "if the evidence discloses that a defendant entertained multiple criminal objectives which were independent of and not merely incidental to each other, the trial court may impose punishment for independent violations committed in pursuit of each objective even though the violations shared common acts or were parts of an otherwise indivisible course of conduct. [Citations.]" (People v. Liu (1996) 46 Cal.App.4th 1119, 1135.)

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