Multiple convictions for assault and evading police officers barred when arising from same objective
In re L.J. (Cal. Ct. App., Nov. 30, 2021, No. A161118) 2021 WL 5578276
Summary: Juvenile defendant came within Juvenile Court’s jurisdiction for reckless evasion of a peace officer, assault with a deadly weapon on a peace officer, and assault with force likely to produce great bodily injury. The juvenile was committed to county institution until earliest of age of 21 or maximum custody time of six years and eight months and ordered to participate in treatment program, and Juvenile defendant appealed.
The Court of Appeal agreed that the punishment on the reckless evasion of police count must be stayed under section 654 because it is based on the same indivisible course of conduct with the same intent and objective as the assault counts. But the statute concerning offenses punishable in different ways by different provisions of law did not prohibit juvenile defendant from being punished for both assault convictions.