Does section 654 of the California Criminal Code apply to sentence a defendant who committed arson and a terrorist threat?

California, United States of America


The following excerpt is from People v. Hunyadi, B232991 (Cal. App. 2012):

In People v. Solis (2001) 90 Cal.App.4th 1002, the defendant argued that he should not have been sentenced consecutively on one count of arson and two counts of making terrorist threats because the objective in both cases was to threaten and scare the victim. The Solis court disagreed, finding that "in making the terrorist threats, the defendant intended to frighten whereas in committing arson an hour later the defendant intended to burn. Because defendant committed multiple and divisible acts with distinct objectives, section 654 was not violated by sentencing him on both the arson and terrorist threat convictions." (Id. at p. 1022.)

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