How has section 654 of the California Criminal Code been interpreted in the context of street terrorism?

California, United States of America


The following excerpt is from People v. Duarte, 10 Cal. Daily Op. Serv. 14, 369, 117 Cal.Rptr.3d 830, 2010 Daily Journal D.A.R. 17, 372 (Cal. App. 2011):

A little over 10 years ago a different panel of this court first addressed application of section 654 in the context of a street terrorism charge in People v. Herrera (1999) 70 Cal.App.4th 1456, 83 Cal.Rptr.2d 307 ( Herrera ). In Herrera, defendant, a gang member, fired three shots at a rival gang member's house from the front passenger seat of a vehicle. One bullet struck an 11-year-old boy and another bullet struck a man in the left shoulder, breaking a bone. The vehicle then made a U-turn and returned for a second pass, and approximately 10 additional shots were fired but no further injuries were inflicted. A jury convicted defendant of a variety of offenses including one count of street terrorism and two counts of attempted murder. ( Id. at p. 1462, 83 Cal.Rptr.2d 307.) In pertinent part, the trial court imposed a separate term for the street terrorism conviction. On appeal, defendant argued section 654 prohibited the imposition of a separate term on the street terrorism conviction.

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