California Court of Appeal

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PEOPLE v. SHELTON, C044625

Because defendant's single threat to kill his former wife formed the factual predicate for two convictions (stalking and making criminal threats), under Penal Code section 654 he may be punished for only one. The sentence must be stayed for the count yielding the shorter sentence, i.e. the criminal threat charge.

Appellate Information

  • Decided 03/26/2004
  • Published 03/26/2004

Judges

  • MORRISON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • George Bond, Sacramento, and Deborah Prucha, Woodland, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, and Carlos A. Martinez, Deputy Attorney General, for Plaintiff and Respondent.
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