Is Penal Code section 273.5 a crime of continuous conduct for purposes of the unanimity instruction?

California, United States of America


The following excerpt is from People v. Garcia, H040040 (Cal. App. 2015):

In this case, we need not decide whether Penal Code section 273.5 is a crime of continuous conduct for purposes of a unanimity instruction, because the continuous-course-of-conduct exception may also arise " ' "when the acts alleged are so closely connected as to form part of one transaction" ' " and " 'the defendant offers essentially the same defense to each of the acts, and there is no reasonable basis for the jury to distinguish between them.' " (People v. Williams (2013) 56 Cal.4th 630, 682.) " 'This exception " 'is meant to apply not to all crimes occurring during a single transaction but only to those "where the acts testified to are so closely related in time and place that the jurors reasonably must either accept or reject the victim's testimony in toto." [Citation.]' [Citation.]" [Citation.]' [Citation.]" (Lueth, supra, 206 Cal.App.4th at p. 196.)

Other Questions


Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
Is larceny committed during a burglary a continuing course of conduct for purposes of section 654 of the Penal Code? (California, United States of America)
Is larceny committed during a burglary a continuing course of conduct for purposes of section 654 of the Penal Code? (California, United States of America)
Is Section 2800.3 of the California Penal Code a crime for the purposes of the second degree felony-murder rule? (California, United States of America)
Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)
Can a defendant appeal against a conviction for both forcible lewd conduct and lewd conduct under section 288 of the California Penal Code? (California, United States of America)
Is there a difference between the crime described in section 459 of the Arizona Penal Code and the offence described in the same section? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.