California, United States of America
The following excerpt is from People v. Patterson, B248859 (Cal. App. 2014):
"'[T]he purpose of section 654 "is to insure that a defendant's punishment will be commensurate with his culpability."' [Citation.] 'It is [the] defendant's intent and objective, not temporal proximity of his offenses, which determine whether the transaction is indivisible.' [Citation.] '"The defendant's intent and objective are factual questions for the trial court; . . . there must be evidence to support [the] finding the defendant formed a separate intent and objective for each offense for which he was sentenced."' [Citation.]" (People v. Capistrano (2014) 59 Cal.4th 830, 886.) "A trial court's express or implied determination that two crimes were separate, involving separate objectives, must be upheld on appeal if supported by substantial evidence. [Citation.]" (People v. Brents (2012) 53 Cal.4th 599, 618.) Substantial evidence is "'evidence which is reasonable, credible, and of solid value -- such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citation.]" (People v. Hillhouse (2002) 27 Cal.4th 469, 496.)
"Robbery occurs when any type of personal property is removed from the victim by force or fear with the intent to permanently deprive the victim of possession of the property. [Citation.] Carjacking requires the taking of a motor vehicle by force or fear with the intent to temporarily or permanently deprive the victim of possession of the vehicle." (People v. Green (1996) 50 Cal.App.4th 1076, 1083-1084, fn. omitted.) The two crimes share certain elements. "'Both involve "the felonious taking" of property that is "in the possession of another" person. Both require that the taking be from the "person or immediate presence" of the person. Both are "accomplished by means of force or fear."' [Citations.]" (People v. Lopez (2003) 31 Cal.4th 1051, 1059.) However, neither robbery nor carjacking is a necessarily included offense within the other, and a person
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