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Legal Opinion

People v. Latimer

California Supreme Court

Decided October 4, 1993No. S027839PublishedCited by 270 opinions

1Opinion of the Court

Opinion

ARABIAN, J.

A person kidnaps his victim, drives her into a desert, then rapes her and leaves her behind. May he be punished for the kidnapping as well as the rape under Penal Code section 654, which prohibits multiple punishment for “[a]n act or omission” that is punishable by different provisions of the code? A divided Court of Appeal held that such separate punishment is not permitted because the sole objective of the kidnapping was to facilitate the rape.

This result was based on a decision of this court over 30 years ago that established the direction multiple-punishment analysis has…

2Cases cited33 opinions

  1. Payne v. TennesseeSupreme Court of the United States · 1991
  2. Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
  3. Neal v. State of CaliforniaCalifornia Supreme Court · 1960
  4. Quill Corp. v. North Dakota Ex Rel. HeitkampSupreme Court of the United States · 1992
  5. Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988

28 more not listed; retrieve them via the Exa API.

3Cited by270 opinions

  1. People v. BrevermanCalifornia Supreme Court · 1998
  2. People v. ScottCalifornia Supreme Court · 1994
  3. People v. OsbandCalifornia Supreme Court · 1996
  4. People v. BirksCalifornia Supreme Court · 1998
  5. People v. Kopp, California Court of Appeal, 5th District2019

265 more not listed; retrieve them via the Exa API.

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