What is the difference between evading and assaulting a police officer and shooting at officers?

California, United States of America


The following excerpt is from People v. Truong, G056781 (Cal. App. 2020):

pursuing officers].) The evading and assaults also required different physical actions to complete (driving vs pointing a gun out the window and firing). (Cf. People v. Jackson, supra, 1 Cal.5th at p. 354 [defendant harbored two different intents and objectives when he committed a burglary and murder against a single victim because the two crimes were "necessarily accomplished through separate actions: removing the cash from the envelope on one hand and doing violence to [the victim] on the other."].) The evidence also supports the court's implied finding Truong sought to initially evade apprehension but later intended to provoke the officers into killing him by firing his weapon at them. There was no sentencing error.

We also reject Truong's claim the trial court should have imposed a concurrent term on count 6. "Section 669 grants the trial court broad discretion to impose consecutive sentences when a person is convicted of two or more crimes." (People v. Shaw (2004) 122 Cal.App.4th 453, 458, citations omitted.) A single factor in aggravation is sufficient to justify a sentencing choice. (People v. Quintanilla (2009) 170 Cal.App.4th 406, 413.) The trial court found several aggravating factors, including that Truong had committed "a series of crimes of violence," and that he placed a "lot of people, including yourself, at great risk" of being killed. The trial court acted within its sentencing discretion.

E. Dueas Error

Other Questions


Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
What is the effect of public interest in a police officer soliciting other police officers to commit armed robberies? (California, United States of America)
Can a defendant be found guilty of an assault under section 69 of the California Civil Code of Civil Procedure for threatening or assaulting a police officer? (California, United States of America)
Can a defendant appeal against his conviction for assault and assault against a police officer? (California, United States of America)
Can a police officer sue an officer from another police force for personal injury? (California, United States of America)
What is the test for admitting an admission of a statement to a police officer that he would kill the first police officer to step inside his cell if he was not permitted to visit with his wife? (California, United States of America)
In what circumstances will a defendant be found guilty of an assault with intent to kill if a police officer was on duty at the scene of the shooting? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.