Ruling by
Patricia GuerreroLower Court
San Bernardino County Superior CourtLower Court Judge
Shahla S. SabetMultiple punishments were justified under Penal Code Section 654 when it was reasonable to find defendant's objective in robbing victim was independent of his objective in murdering him.
Court
California Courts of Appeal 4DCA/1Cite as
2019 DJDAR 4326Published
May 21, 2019Filing Date
May 17, 2019Opinion Type
ModificationDisposition Type
AffirmedTHE PEOPLE,
Plaintiff and Respondent,
v.
STEVEN DAVID JAMES CARTER et al.,
Defendants and Appellants.
No. D073865
(Super. Ct. No. FWV1202970)
California Courts of Appeal
Fourth Appellate District
Division One
Filed May 17, 2019
THE COURT:
It is ordered that the opinion filed herein on April 29, 2019, be modified as follows:
On page 3, the sentence beginning, "Carter and Hall both admitted," is deleted and the following sentence is inserted in its place:
Carter and Hall both admitted they agreed to help Carter's cousin, Aaron A., and another person named Albert T., break into the home of Brandon P. to steal marijuana plants, although they both denied participating in the actual break-in.
There is no change in the judgment.
Appellant's petition for rehearing is denied.
IRION, Acting P. J.
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