Does sentencing a defendant separately for elder abuse and making a criminal threat constitute multiple punishment for those convictions?

California, United States of America

The following excerpt is from People v. Guerrero, E065307 (Cal. App. 2017):

Cal.App.3d 181, 193.) Sentencing defendant separately for the elder abuse and criminal threat crimes does not constitute multiple punishment for convictions that arise out of an indivisible, intertwined transaction, having a single intent and objective. (People v. Racy (2007) 148 Cal.App.4th 1327, 1336; People v. Avalos (1996) 47 Cal.App.4th 1569, 1583.) The trial court therefore did not violate section 654 by sentencing defendant separately for elder abuse and making a criminal threat (counts 1 and 2).

The judgment is affirmed.

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