California, United States of America
The following excerpt is from People v. Harvey, A145491 (Cal. App. 2018):
On the facts before us, we cannot avoid the conclusion section 654 applies. There was only one kidnapping, although that kidnapping violated two different statutes. The evidence does not suggest any objective behind the carjacking other than to enable defendant to commit sexual crimes against Doe. People v. Latimer (1993) 5 Cal.4th 1203, 1216-1217, is instructive on this point. There, the defendant was convicted of both rape and kidnapping after he kidnapped the victim, drove her to a desert, and raped her. (Id. at p. 1206.) Although "[i]t could be argued that defendant had two intents: (1) to drive the victim against her will to an isolated area, and (2) to rape her," our high court concluded separate punishment for the kidnapping and rape was improper under section 654, reasoning that " '[s]ince the kidnapping was for the purpose of committing the sexual offenses and [defendant] has been punished for each of the sexual offenses,' section 654 bars execution of sentence on the kidnapping count." (Id. at p. 1216.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.