California, United States of America
The following excerpt is from People v. Farrow, 13 Cal.App.4th 1606, 16 Cal.Rptr.2d 844 (Cal. App. 1993):
I am unimpressed by the majority conclusion that the assaultive violence cannot be separated from the robbery conviction for purposes of additional punishment. People v. Nguyen (1988) 204 Cal.App.3d 181, 190, 251 Cal.Rptr. 40, held that "gratuitous violence against a helpless and unresisting victim ... has traditionally been viewed as not 'incidental' to robbery for purposes of section 654." That rationale applies in this case. A reading of the manner in which this incident unfolded demands the assault be separately punished. There is not logical justification for this act of clemency by the majority.
The problem with my position is that I have failed to garner one more vote.
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