California Court of Appeal

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People v. Duarte, G041195

Conviction of defendant for firearm and gang related offenses is affirmed but modified as, where the underlying felony is a necessary element of the street terrorism charge, section 654 bars separate punishment, and here, the evidence demonstrated that defendant fired a weapon on one occasion. Therefore, section 654 bars punishment for the firearm offense and a separate punishment for the street terrorism substantive offense for the same conduct.

Appellate Information

  • Decided 06/02/2010
  • Published 06/02/2010

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Christine Levingston Bergman and Heather F. Crawford, Deputy Attorneys General, for Plaintiff and Respondent.
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