Does a defendant have to be punished separately for assault or murder when they are involved in a robbery, burglary or theft?
California, United States of America
The following excerpt is from People v. Ornelas, H038211 (Cal. App. 2014):
Ornelas relies on cases which hold a defendant should not be separately punished for taking property by robbery, burglary or theft when that objective is accomplished by means of assault or murder. (See People v. Meredith (1981) 29 Cal.3d 682, 695-696 [victim shot to death while resisting a robbery]; People v. Glaude (1983) 141 Cal.App.3d 633 [one victim shot and killed, another kidnaped, in course of robbery].)
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