Is there any basis in law for a conviction for a drug dealer who evaded the police because of his possession of cocaine?

California, United States of America


The following excerpt is from People v. Tyler, A123161 (Cal. App. 12/15/2009), A123161 (Cal. App. 2009):

Nor is there any basis to suggest that Penal Code section 654, which prohibits multiple punishments for offenses with the same objective, has any application here. Section 654 does not preclude separate punishment for the commission of offenses with different criminal objectives that are independent of each other but carried out as part of a single course of conduct. (People v. Perry (2007) 154 Cal.App.4th 1521, 1525). Defendant's offenses were predominantly independent and not committed as a means of facilitating each other. (People v. Jones (2002) 103 Cal.App.4th 1139, 1143.) Defendant argues that he evaded the police because he possessed cocaine. Nonetheless, neither offense was necessary for the accomplishment of the other, and the attempt to avoid apprehension was not for the purpose of possessing the contraband. Moreover, defendant stated at the time of his apprehension that his reason for evading the police was for "the thrill of it."

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