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PEOPLE v. LATIMER

Docket No. S027839.

5 Cal.4th 1203 (1993)

858 P.2d 611

23 Cal. Rptr.2d 144

THE PEOPLE, Plaintiff and Respondent, v. DEREK LATIMER, Defendant and Appellant.

Supreme Court of California.

October 4, 1993.

Attorney(s) appearing for the Case

COUNSEL

Janyce Keiko Imata Blair, under appointment by the Supreme Court, for Defendant and Appellant.

Jack Funk, Deputy Public Defender (Contra Costa), as Amicus Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart and George Williamson, Chief Assistant Attorneys General, Gary W. Schons and Harley D. Mayfield, Assistant Attorneys General, Garrett Beaumont, Maxine Cutler, Louis R. Hanoian and Janelle B. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

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...

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