People v. Deloza

Opinion

BROWN, J.

In this case we consider whether the same analysis used to determine if multiple punishment is permitted under Penal Code1 section 6542 should be used to determine if consecutive sentencing is required by section 1170.12, subdivision (a)(6) and (7) (subdivision (a)(6) and (7)).3 We conclude these analyses are not coextensive, and therefore reverse the judgment of the Court of Appeal.

*589I. Facts and Procedural Background

On November 26, 1995, at approximately 4 p.m., defendant David Deloza and an unidentified armed companion entered the Arroyo Furniture store in Highland Park. The…