Does section 654 of the California Criminal Code apply to a defendant convicted of a street terrorism offence in Ferraez v. Herrera?

California, United States of America


The following excerpt is from The People v. Duarte, G041195, No. 07WF0962 (Cal. App. 2010):

A few years after Ferraez, a different panel of this court faced similar facts in People v. Vu (2006) 143 Cal.App.4th 1009. In Vu the court acknowledged the reasoning in Herrera but found section 654 applied. The court concluded the defendant committed separate acts violating more than one statute and harbored more than a single intent. But because the defendant's acts amounted to a single course of conduct and the separate intents were not independent of one another section 654 barred separate punishment for the street terrorism offense.

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