People v. Parish CA2/6

DISCUSSION

The People argue that the trial court improperly dismissed the four counts pertaining to victim V.U. because they involve separate conduct within the meaning of section 654 and Kellett. The People assert that the criminal offenses against John P. and those against V.U. were committed at different times and different places. Several of the charged offenses involving V.U. occurred in 2019, a year prior to execution of the search warrant. The Kellett rule requires the prosecution to prosecute all offenses of which it is aware that arise from the same act or course of conduct in a single proceeding. (People v. Lohbauer (1981) 29 Cal.3d 364, 373; Kellett, supra, 63 Cal.2d 822, 827.) “A defendant who blows up an airplane killing all on board or commits an act that injures many persons is properly subject to greater punishment than a defendant who kills or harms only a single person. It does not follow, however, that such a defendant should be liable to successive prosecutions. It would constitute wholly unreasonable harassment in such circumstances to permit trials seriatim until the prosecutor is satisfied with the punishment imposed.” (Kellett, at pp. 825-826.) The trial…