COURT CANNOT SENTENCE DEFENDANTS CONCURRENTLY FOR CRIMES ARISING OUT OF THE SAME COURSE OF CONDUCT
MULTIPLE CRIMES, ONE COURSE OF CONDUCT
The defendant broke into a car. The victim returned and yelled at the defendant. The defendant got out of the victim's car brandishing an ice pick, and then ran off with the victim's car stereo.
The defendant was convicted of burglary and robbery, and was sentenced on both counts concurrently.
Wrong answer. California Penal Code sec. 654 bars sentences on crimes committed pursuant to a single course of conduct. (Latimer, 5 C4th 1203.) The trial judge here focused on the burglary being complete at the moment of entry into the car, but that's not the point. The right point is that both crimes were pursuant to the single objective of stealing the car radio.
The correct resolution is to stay the sentence on count two.
People v. Perry; 2007 DJ DAR 14191; DJ, 9/13/07; C/A 2nd, Div. 8
