Ramirez

After this court remanded appellant’s case to the trial court, judgment of conviction on four counts relating to arson and the explosion of destructive devices was reentered, Appellant Daniel Ramirez now claims the conviction and imposition of consecutive sentences on two counts of exploding a destructive device with intent to commit murder (Pen. Code, § 12308) was error. He contends that since he exploded a single device, he committed the actus reus of the crime but once, and “[t]he fact that appellant may have intended to murder two victims by exploding the device does not give rise to two violations of section 12308.” We disagree and affirm.

Facts

At 2 a.m. on November 14, 1986, appellant threw a Molotov cocktail into the apartment where his former girlfriend Theresa Caudillo, her mother Dora Navarro, three of Navarro’s grandchildren: 6-year-old Darlene, 4-year-old Armando, and 15-month-old Amanda Areola, and Carolyn Sperry and her 8-year-old son Michael were sleeping. Sperry and her son went outside through the front door; Navarro broke the bedroom window and helped her daughter and two grandchildren to escape; Sperry returned to the living room and rescued Amanda.…