Does a sentence for making a criminal threat to a witness have to be stayed?

California, United States of America


The following excerpt is from People v. David, F064298 (Cal. App. 2013):

Our conclusion that defendant's actions were pursuant to one objective, i.e., to place the victim in fear for her life, is bolstered by the prosecutor's closing argument. In discussing the criminal threats charge, the prosecutor argued defendant intended for the victim to take his words as a threat on her life because he was holding a knife to her throat at the time. Because appellant harbored a single intent in committing both the assault and the criminal threats, the sentence for criminal threats must be stayed. (See People v. Louie, supra, 203 Cal.App.4th at pp. 394, 399 [pointing a gun at victim, calling her '"a cop-calling bitch,'" and threatening her constituted a single act within the meaning of 654 and defendant could not be punished for both crimes]; People v. Mendoza, supra, 59 Cal.App.4th at pp. 1345-1346 [defendant's statement to victim that resulted in convictions for dissuading a witness and criminal threats was made with single intent].)

2. The sentence on either count 3 or 4 must be stayed

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