King

People v. King

Good Law
156 Cal. App. 4th 1526·68 Cal. Rptr. 3d 248
Court of Appeal of CaliforniaNovember 20, 2007G036836California2,710 words

Opinion

Opinion

Bedsworth, J.

[EDITORS' NOTE: THIS CONTAINS HEADNOTES HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1528 OPINION Cody Lee King appeals the sentence imposed upon him following his conviction on charges of first degree murder, first degree robbery and first degree burglary. Specifically, King contends the court erred by ordering him to serve separate (albeit concurrent) sentences for the robbery and burglary convictions, in addition to the sentence imposed for the murder. Because all three crimes were part of a single course of indivisible conduct carried out with the intent to fulfill a single objective, he argues the separate sentences violated Penal Code section 654 's prohibition against double punishment. We agree. The evidence in this case demonstrates that King and an accomplice entered the victim's hotel room with the intention of robbing him. The victim, who had become acquainted with King's accomplice earlier that day, was strangled in the course of carrying out the robbery. There was no evidence the killing was either intended to or did accomplish any goal other than to facilitate the planned robbery, and no evidence King was predisposed…

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