Does a defendant have time to reflect before committing each criminal act, such that each one can be considered a separate crime subject to separate punishment?

California, United States of America


The following excerpt is from People v. Luna, H045433 (Cal. App. 2020):

Substantial evidence in the record supports the implied finding that defendant had time to reflect before committing each criminal act, such that each one can be considered a separate crime subject to separate punishment. The offenses took place over the course of an hour, during which time multiple assaults were separated by sustained periods of driving. Similarly, defendant made multiple threats separated by significant time. And the violent attacks and threats occurred well after he initially detained the victim in the car. There was clearly time for defendant to reflect and form new intent between the discrete acts. Multiple prison terms therefore do not violate Penal Code section 654. (See People v. Trotter, supra, 7 Cal.App.4th 363, 367 [Defendant separately sentenced for three assaults for firing three shots at a police officer; "Each shot required a separate trigger pull. All three assaults were volitional and calculated, and were separated by periods of time during which reflection was possible. None was spontaneous or uncontrollable. 'Defendant should ... not be rewarded where, instead of taking advantage of an opportunity to walk away from the victim, he voluntarily resumed his ... assaultive behavior.' "]

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