How has the court treated the argument that only one volitional act gives rise to multiple offenses?

California, United States of America


The following excerpt is from People v. Magana, E054065 (Cal. App. 2012):

The court rejected the argument, stating that "this was not a case where only one volitional act gave rise to multiple offenses. Each shot required a separate trigger pull. All three assaults were volitional and calculated, and were separated by periods of time during which reflection was possible. None was spontaneous or uncontrollable. '[D]efendant should . . . not be rewarded where, instead of taking advantage of an opportunity to walk away from the victim, he voluntarily resumed his . . . assaultive behavior.' [Citation.]" (People v. Trotter, supra, 7 Cal.App.4th at p. 368.)

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