What is the test for sentencing a defendant to two consecutive sentences for violent crimes against the same person at different locations?

California, United States of America


The following excerpt is from People v. Thurs, 176 Cal.App.3d 448, 222 Cal.Rptr. 61 (Cal. App. 1986):

Defendant's argument implies that consecutive sentencing is justified only when the acts of violence occur at different times or locations but not when they occur during a single course of conduct. But if independent objectives were the relevant factor, then rule 425(a)(1) ("The crimes and their objectives were predominantly independent of each other") would apply. (See People v. Weaver (1984) 151 Cal.App.3d 592, 596-597, 199 Cal.Rptr. 13.) If different times or separate places were the relevant measure then rule 425(a)(3) ("The crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior") would apply. (See People v. Savala (1983) 147 Cal.App.3d 63, 71, 195 Cal.Rptr. 193.) Thus, if the [176 Cal.App.3d 453] "separate acts" contemplated by rule 425(a)(2) are separate as to time, place, or objective, subdivision (a)(2) would have no independent meaning, as those measures of separateness are taken into account under subdivisions (a)(1) and (a)(3).

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