Can a defendant be sentenced for both making a threat and dissuading a witness based upon the same threat?

California, United States of America


The following excerpt is from People v. Hammond, F064020 (Cal. App. 2013):

Indeed, other courts have made the same finding on similar facts. In People v. Mendoza (1997) 59 Cal.App.4th 1333, 1346, superseded by statute on other grounds as stated in People v. Franz (2001) 88 Cal.App.4th 1426, 1442, the court held that the defendant could not be sentenced for both making a threat and dissuading a witness based upon the same threat against a witness who had previously testified against his brother. Likewise, in People v. Louie (2012) 203 Cal.App.4th 388, 394, 399, the court held that the defendant's act of pointing a gun at the victim, calling her "a cop-calling bitch," and

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