Does section 654 of the California Criminal Code apply to a criminal threat enhancement attached to the criminal threats charge?

California, United States of America


The following excerpt is from People v. Ramirez, B265567 (Cal. App. 2017):

We reach a contrary conclusion regarding the great bodily injury enhancement attached to the criminal threats charge. The application of section 654 to that type of enhancement was examined in People v. Wooten (2013) 214 Cal.App.4th 121, 130 (Wooten), in which the defendant was convicted of forcible oral copulation and attempted murder, and the jury found true allegations as to each count that the defendant had inflicted great bodily injury. (Id. at pp. 127-128.) The evidence at trial showed that the defendant forcibly entered the victim's motel room, punched and choked her, dragged her into the bathroom and sexually assaulted her. (Id. at p. 133.) After the victim attempted to escape, the defendant bit and repeatedly kicked her in the head, inflicting life-threatening injuries. (Id. at pp. 125, 126, 133.)

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