What is the test for unstayed consecutive punishment for making two separate criminal threats separated by two hours?

California, United States of America


The following excerpt is from People v. Jordan, B250541 (Cal. App. 2014):

That principle is applicable to temporally separated criminal threats. In People v. Felix (2001) 92 Cal.App.4th 905, 909, the defendant made two death threats separated by a two-hour interval, the first of which was aimed at a group of people that included defendant's former girlfriend, and the second of which was directed solely at the former girlfriend. After the defendant was convicted on two counts of criminal threats based on the two incidents, the trial court imposed unstayed consecutive punishment for both crimes. (Id. at p. 915.) The appellate court rejected the defendant's contention that his sentence contravened section 654, reasoning that the defendant "had time to reflect before making the second threat." (People v. Felix, supra, at pp. 915-916; see also People v. Trotter (1992) 7 Cal.App.4th 363, 366-369 [unstayed consecutive terms properly imposed on three counts of assault predicated on defendant's successive gunshots at pursuing police, as defendant had time to reflect between each shot].)

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