California, United States of America
The following excerpt is from The People v. Botello, F058331, No. VCF184161C (Cal. App. 2010):
Appellant also argues that all four offenses were committed for the same purpose: the intimidation of a rival gang member, and therefore, under section 654, punishment may be imposed for the kidnapping only. We disagree. To define intent in this manner for purposes of section 654 would reward any gang member who goes on a crime spree against a rival gang, in contravention of the purpose of section 654. On this point, we find instructive People v. Perez (1979) 23 Cal.3d 545. In that case, the defendant argued that his "sole intent and objective" in committing multiple sex crimes over the course of an attack lasting 45 to 60 minutes was to "obtain sexual gratification," and, therefore, punishment on more than one of those crimes violated section 654. (Id. at p. 552.) The court rejected this argument. Its basis for doing so applies with equal force here: "Such an intent and objective is much too broad and amorphous to determine the applicability of section 654. Assertion of a sole intent and objective to achieve sexual gratification is akin to an assertion of a desire for wealth as the sole intent and objective in committing a series of separate thefts. To accept such a broad, overriding intent and objective to preclude punishment for otherwise clearly separate offenses would violate the statute's
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