People v. Jung CA2/6

DISCUSSION

A. The Sentences for Assault with a Deadly Weapon and Criminal Threats Were Not Subject to Penal Code Section 654 Jung argues the trial court should have stayed his sentences for ADW and threats because they were part of an indivisible series of criminal acts culminating in Peggy’s kidnapping. (§ 654; see People v. Reed (2006) 38 Cal.4th 1224, 1227 [“the trial court must stay execution of sentence on the convictions for which multiple punishment is prohibited”].) We disagree. A defendant’s intent and objectives determine whether a series of criminal acts falls within section 654’s general bar on multiple punishments. (People v. Harrison (1989) 48 Cal.3d 321, 335.) The evidence shows Jung’s assault and threats were not

3 committed in furtherance of Peggy’s kidnapping or to prevent her escape. The crime was complete when Jung dragged her into his apartment. (See, e.g., People v. Arias (2011) 193 Cal.App.4th 1428, 1435 [asportation requirement for kidnapping met where victim moved 15 feet into more secluded area of apartment where additional crimes would less likely be detected].) We find no reason to disturb the trial court’s decision to sentence Jung separately for the…