Does section 654 of the California Criminal Code require separate criminal threats and witness dissuasion charges?

California, United States of America


The following excerpt is from People v. Newman, B239034 (Cal. App. 2013):

Factually, the record indicates that all of the offenses occurred at the same location, and as part of the same confrontation. The witness dissuasion and criminal threat charges against appellant were incident to a single objective and were part of an indivisible transaction. Case law establishes that even when two offenses were committed by separate acts, section 654 precludes separate punishment when the sole purpose for committing one offense was to facilitate commission of the other. (See, e.g., People v. Latimer (1993) 5 Cal.4th 1203, 1216 [objective behind kidnapping was to facilitate rape].)

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