California, United States of America
The following excerpt is from People v. Thomas, D071297 (Cal. App. 2017):
Each attack or assault was volitional and separated by an interval of time "during which reflection was possible." (People v. Trotter (1992) 7 Cal.App.4th 363, 368 [three separate gunshots were separately punishable as three separate assaultive acts]; see also People v. Surdi (1995) 35 Cal.App.4th 685, 689 [punishment for multiple offenses appropriate for separate stabbing incidents when there was evidence of separate intentions to do violence for each stabbing and pauses in the action].) The evidence supported the jury's verdicts for assault with force likely to inflict great bodily injury and simple battery based upon the two separate attacks. " 'Defendant should ... not be rewarded where, instead of taking advantage of an opportunity to walk away from the
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