In re Culbreth

In In re Culbreth (1976) 17 Cal.3d 330, a family fight had culminated in defendant shooting and killing his common law wife, his mother-in-law, and his brother-in-law in a "single frenetic act of violence . . . ." The court sentenced defendant to consecutive sentences on two murder counts, to a concurrent sentence on a manslaughter count, and as to each count the court purportedly applied the additional penalty presented in section 12022.5. The Supreme Court held that "There was but one occasion, one intent, one objective, one indivisible transaction." ( Id., at p. 335.) Thus, Penal Code section 12022.5 may be applied only once. The Supreme Court ordered "The judgment is modified to provide that petitioner shall serve only one additional period of imprisonment pursuant to Penal Code section 12022.5." (Ibid.)