Does section 654 (assault with a deadly weapon) apply to the act of shooting the victim in the knee?

California, United States of America


The following excerpt is from People v. Linville, C086854 (Cal. App. 2020):

As the People stated, count 2 (assault with a deadly weapon) charged defendant's act of shooting the victim in the knee, whereas count 1 charged his act of firing the fatal shot into the victim's chest. Since a shot to the knee is normally not intended to be lethal, but a shot to the chest is often so intended, substantial evidence supports the trial court's implied determination that defendant had different intents and objectives in firing the two shots. Thus, the court correctly found that section 654 did not apply to count 2. People v. Corpening (2016) 2 Cal.5th 307, on which defendant relies, is inapposite because the defendant's course of conduct, though consisting of discrete physical acts describable as robbery and carjacking, had the single intent and objective of robbery. (Id. at pp. 311, 315.)

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