California, United States of America
The following excerpt is from People v. Crawford, B280363 (Cal. App. 2017):
underlying substantive offense has been held impermissible when the conspiracy contemplated only the act performed in the substantive offense [citations], or when the substantive offenses are the means by which the conspiracy is carried out [citation]. Punishment for both conspiracy and substantive offenses has been upheld when the conspiracy has broader or different objectives from the specific substantive offenses. [Citations.] [Fn. omitted.]'" (People v. Vargas (2001) 91 Cal.App.4th 506, 571.)
Our review is for substantial evidence to support the trial court's express or implied determination as to the application of section 654. (People v. Coleman, supra, 48 Cal.3d at p. 162.)
B. The Punishment for Defendant's Criminal Street Gang Conspiracy Conviction Must be Stayed
Defendant argues punishment for his criminal street gang conspiracy conviction should have been stayed under section 654. We agree.
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