What are the implications of section 654 of the California Criminal Code when a defendant is convicted of kidnapping, assault and false imprisonment?

California, United States of America


The following excerpt is from People v. Cordero, E050093 (Cal. App. 2011):

Defendant argues that all three convictions were part of an indivisible transaction and were pursuant to a single intent and objective. In People v. Quinlan (1970) 8 Cal.App.3d 1063, for example, the court held that section 654 barred sentence for both kidnapping and assault when the assault was committed for the purpose of compelling the

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victim to accompany the defendant. (People v. Quinlan, supra, at p. 1066.) The People argue the three crimes occurred in a distinct sequence: First, defendant attempted forcible oral copulation; next, he inflicted corporal injury by slapping her repeatedly; and, finally, he falsely imprisoned her. The People further argue that defendant had a distinct and separate objective in committing each of the three crimes.

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