California, United States of America
The following excerpt is from People v. Patterson, E059936 (Cal. App. 2015):
As it is required to do, when the trial court sentenced defendant on this count, it considered the acts upon which the prosecution relied. (See People v. McKinzie (2012) 54 Cal.4th 1302, 1368-1369.) The prosecutor argued that both violence and menace were established by the evidence. Defendant used violence when he physically held the victim down. The prosecutor additionally argued the evidence showed that defendant detained the victim by menace when he brandished the blade. At that point, the victim feared she would be harmed and asked defendant whether he planned to kill her. The prosecutor argued defendant did this because he was not going to "let her break up with him." Defendant would keep her there until she changed her mind about breaking up with defendant. Because defendant never touched the victim with the blade, this act of brandishing the blade is only punishable under the conviction for count 1. Therefore, section 654 does not applyfalsely imprisoning the victim by using the bladeby menaceis punishable only under count 1.
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