California, United States of America
The following excerpt is from People v. Kimia, A147709 (Cal. App. 2019):
The question with respect to the assault with a deadly weapon and carjacking counts is whether substantial evidence supports the court's finding that, appellant's strangulation of Perillo with a ligature in the car and the subsequent taking of the car reflect "a single ' "intent and objective" ' or multiple intents and objectives." (People v. Corpening, supra, 2 Cal.5th at p. 312.) We conclude the court properly sentenced appellant separately on these two counts because the evidence supports the court's findings that these offenses were committed with multiple intents.
Appellant points out that one of the elements of carjacking is the use of "force or fear to take the vehicle or to prevent [the] person from resisting." (CALCRIM No. 1650; see also Pen. Code, 215 [carjacking is "accomplished by means of force or fear].) However, as Division Four of this District explained in a case involving convictions for attempted murder and robbery, "an act of 'gratuitous violence against a helpless and unresisting victim . . . has traditionally been viewed as not "incidental" to robbery for purposes of Penal Code section 654.' [Citations.]" (People v. Bui (2011) 192 Cal.App.4th 1002, 1016.) In that case, the appellate court held that where "the evidence showed that the defendant continued to shoot [the victim] after he fell to the floor, face
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