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Archive for December, 2016

One act can only be punished under one statute

December 29, 2016 Comments off

One act can only be punished under one statute

“A defendant may not be punished more than once for a single physical act that violates multiple provisions of the Penal Code.  The charging document in this case identified the same forceful taking of a vehicle as the physical act completing the actus reus for both robbery and carjacking.  Where the same physical act accomplishes the actus reus requirement for more than one crime, that single act cannot give rise to multiple punishment.  Because that is precisely what happened here, Corpening’s one-year robbery sentence must be stayed.  We reverse the judgment of the Court of Appeal and remand for proceedings consistent with this opinion.”

People v. Corpening

S228258

http://www.courts.ca.gov/opinions/documents/S228258.PDF

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Coming tomorrow

December 28, 2016 Comments off

Coming tomorrow from the Cal. Supremes:

PEOPLE v. CORPENING (TORY J.)
S228258 (D064986; San Diego County Superior Court – SCS258343)
Argued in Sacramento 11-01-16

This case presents the following issue: Did Penal Code section 654 bar the imposition of sentence for both robbery and carjacking when the two crimes were accomplished by a single act?

No new cases yesterday

December 27, 2016 Comments off

No surprise, the Cal. Supremes issued no new opinions yesterday.

No new criminal cases tomorrow

December 21, 2016 Comments off

The Cal. Supremes will issue no new criminal cases tomorrow, Thursday.

Supremes affirm another death penalty

December 19, 2016 Comments off

The Cal. Supremes have affirmed another death penalty case

People v. Mickel

S133510

http://www.courts.ca.gov/opinions/documents/S133510.PDF

No new criminal cases tomorrow

December 14, 2016 Comments off

The Cal. Supremes will issue no new criminal cases tomorrow, Thursday.

Death penalty affirmed

December 12, 2016 Comments off

The Cal. Supremes affirmed another death penalty case.

 

People v. Landry

S100735

http://www.courts.ca.gov/opinions/documents/S100735.PDF