What is the test for applying section 654.4th of the California Street Terrorism Act when a defendant has been charged with a course of criminal conduct involving two drive-by shootings?

California, United States of America


The following excerpt is from The People v. Corcoles, Super. Ct. No. 06WF1592 (Cal. App. 2010):

As People v. Latimer (1993) 5 Cal.4th 1203 pointed out, subsequent [d]ecisions... have limited th[is] rule's applicability in various ways. Some have narrowly interpreted the length of time the defendant had a specific objective, and thereby found similar but consecutive objectives permitting multiple punishment.

Page 17

[Citations.] [] Other cases have found separate, although sometimes simultaneous, objectives under the facts. [Citations.]" (Id. at pp. 1211-1212.)

In People v. Herrera (1999) 70 Cal.App.4th 1456, "the defendant was charged with a course of criminal conduct involving two gang-related, drive-by shootings in which two people were injured. [Citation.]" (People v. Vu (2006) 143 Cal.App.4th 1009, 1034.) The shootings were committed in retaliation against a rival gang who had shot at members of the defendant's gang. We held that "under section 186.22, subdivision (a) the defendant must necessarily have the intent and objective to actively participate in a criminal street gang. However, he does not need to have the intent to personally commit the particular felony (e.g., murder, robbery or assault) because the focus of the street terrorism statute is upon the defendant's objective to promote, further or assist the gang in its felonious conduct, irrespective of who actually commits the offense.... Hence, section 186.22, subdivision (a) requires a separate intent and objective from the underlying felony committed on behalf of the gang. The perpetrator of the underlying crime may thus possess 'two independent, even if simultaneous, objectives[,]' thereby precluding application of section 654. [Citation.]" (People v. Herrera, supra, 70 Cal.App.4th at pp. 1467-1468, fn. omitted.)

Other Questions


Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does section 654 of the California Criminal Code allow a defendant to be convicted of a single charge of street terrorism and a separate charge of attempted murder for a single drive-by shooting? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(A)(A) of the California Criminal Code apply to a defendant who is convicted of a charge of a violent crime committed for the benefit of, at the direction of or in association with a criminal street gang? (California, United States of America)
Does section 654 of the California Criminal Code allow a defendant to be convicted of two counts of street terrorism and a charge of attempted murder as a single drive-by shooting? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, Section 654 of the Criminal Code protect a defendant against prosecution for an act or omission committed during a course of conduct deemed to be indivisible in time? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
Does section 654 of the California Criminal Code apply to a defendant convicted of a street terrorism offence? (California, United States of America)
Does section 17(b)(5) of the California Code of Civil Procedure apply to a defendant charged with a charge of assault with intent to pervert the course of justice? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.