Legal Opinion
People v. Garcia
California Court of Appeal
Decided April 16, 2003No. B158648PublishedCited by 1 opinion
1Opinion of the Court
Opinion
YEGAN, J.
Here we stifle “creative accounting” by a prosecutor who attempts to create multiple crimes out of just one. As our California Supreme Court indicated over 100 years ago: “Although, when a man has done a criminal act, the prosecutor may carve as large an offense out of the transaction as he can, yet he is not at liberty to cut but once.” (People v. Stephens (1889) 79 Cal. 428, 432 [21 P. 856].)
Gilberto C. Garcia appeals after a jury found him guilty of, inter alia, three counts of felony evading from a peace officer. (Veh. Code, § 2800.2, subd. *1162(a).)1 He was sentenced to an…
2Cases cited14 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Harris v. United StatesSupreme Court of the United States · 2002
- In Re LynchCalifornia Supreme Court · 1972
- People v. SengpadychithCalifornia Supreme Court · 2001
- People v. OrtegaCalifornia Supreme Court · 1998
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3Cited by1 opinion
- People v. GarciaCalifornia Court of Appeal · 2003