How has section 654 of the Criminal Code been applied in the context of a street terrorism charge?

California, United States of America


The following excerpt is from The People v. Duarte, G041195, No. 07WF0962 (Cal. App. 2010):

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 (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

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