People v. v. Chacon

In People v. v. Chacon (1995) 37 Cal.App.4th 52, two youths confined at a juvenile facility grabbed a librarian, stabbed her, and threatened to kill her if they were not given a vehicle. (Id. at p. 59.) They were convicted of kidnap for ransom, extortion, and escape by force and violence. The appellate court found that "the kidnap for ransom, extortion, and escape were part of an indivisible transaction having a single objective: escape. We conclude that section 654 requires a stay of the sentences for escape and extortion." (Id. at p. 66.) In People v. Chacon, supra, 37 Cal.App.4th at page 66, the court noted that: "The prosecutor conceded that he 'overcharged' the case 'to allow for any legal technicalities or concerns and lesser included offenses or whatever.' Had appellants effected the escape before the kidnapping and extortion, separate punishment would be appropriate." (Ibid., fn. 7.)