Does the Attorney General have any case law where a defendant is convicted of assault with a deadly weapon, as well as discharging a firearm at a motor vehicle?

California, United States of America


The following excerpt is from People v. Moallem, B277632 (Cal. App. 2018):

The Attorney General cites People v. Wittig (1984) 158 Cal.App.3d 124, 137. In that case, Wittig and his codefendant were convicted of assault with a deadly weapon, a firearm, as well as discharging a firearm at an occupied motor vehicle. (Id. at p. 126.) The court suspended imposition of sentence and placed the defendants on probation. The issue on appeal concerned jury instructions. At the end of the opinion, the appellate court stated: "Finally, Wittig contends he has been subjected to double punishment in violation of section 654, in receiving concurrent sentences for assault with a deadly weapon and shooting at an occupied motor vehicle. Imposition of sentence was suspended; each defendant was granted probation as to each offense. Because sentence was not imposed on either defendant, there is no double punishment issue. The section 654 issue should be presented to a court upon any future attempt to impose a double punishment upon either of these defendants in the event of a probation violation." (Id. at p. 137, italics added.)

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