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PEOPLE v. McFARLAND

Docket No. S003612.

47 Cal.3d 798 (1989)

765 P.2d 493

254 Cal. Rptr. 331

THE PEOPLE, Plaintiff and Respondent, v. DONALD JOSEPH McFARLAND, JR., Defendant and Appellant.

Supreme Court of California.

January 9, 1989.

Attorney(s) appearing for the Case

COUNSEL

Peter W. Cowan, under appointment by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, M. Howard Wayne, Pat Zaharopoulos, William M. Wood and Janelle B. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KAUFMAN, J.

We granted review in this matter to resolve a conflict among the Courts of Appeal as to whether Penal Code section 6541 precludes separate punishment where a drunk driver kills one victim and injures another in the same driving accident. We conclude that under these circumstances section 654 does not prohibit separate punishment.

FACTS AND PROCEDURAL HISTORY

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