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274.2 Multiple Counts Or Offenses: Specific Offenses

    274.2.1 Multiple Counts Or Charges: Multiple Entries Vis a Vis Burglary
    274.2.2 Multiple Counts Or Charges: Solicitation To Commit Crime Against More Than One Person As Single Offense
    274.2.3 Multiple Counts Or Charges: Receiving Stolen Property
    274.2.4 Multiple Counts Or Charges: Forgery
    274.2.5 Multiple Counts Or Charges: Sale And Transportation Of Controlled Substances
    274.2.6 Multiple Counts Or Charges: Violation Of Child Custody Order
    274.2.7 Multiple Counts Or Charges: Threatening Witnesses
    274.2.8 Multiple Counts Or Charges: Multiple Attempts From Single Act
    274.2.9 Multiple Kidnapping Charges Not Permissible For The Same Course Of Conduct
    274.2.10 Multiple Counts Or Charges: Obstructing Justice/Resisting Arrest
    274.2.11 Multiple Counts Or Charges: Multiple Conspiracies
    274.2.12 Use Of Multiple Weapons In Single Crime
    274.2.13 Lewd Act With Child: Multiple Convictions -- Defense Theory That The Acts Were Not Distinct, Completed Acts
    274.2.14 Welfare Fraud: Only One Charge For All Aid Received From Single Act

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    274.2.1    Multiple Counts Or Charges: Multiple Entries Vis à Vis Burglary

PRACTICE NOTE: Entry of several rooms in a single structure constitutes a single burglary unless each room was a separate, individual dwelling space. (See FORECITE National™ 78.2.2 [Challenge To Multiple Burglary Counts Based On Entry Of Multiple Rooms In A Single Structure].)

    People v. Washington (CA 1996) 50 CA4th 568, 578-79 [57 CR2d 774] held that each separate entry into a structure supports a separate conviction as long as there is the requisite intent (i.e., to commit a felony).

    On the other hand, a single entry to commit multiple crimes is only one burglary. (See e.g., De Jesus v. State (FL 1996) 684 So2d 875, 876 [improper to charge two counts of burglary with assault based on attacks on two separate victims within the same house].)

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

 VOLUME 13 - CHAPTER 274

Annotation, Solicitation To Commit Crime Against More Than One Person Or Property, Made In Single Conversation As Single Or Multiple Crimes, 24 ALR4th 1324.

See also generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

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    274.2.3    Multiple Counts Or Charges: Receiving Stolen Property

PRACTICE NOTE: Receipt on a single occasion of multiple items of property stolen from different victims constitutes a single offense. (People v. Green (CA 1980) 27 C3d 1, 32-34 [164 CR 1]; compare Hensley v. Commonwealth (KY 1983) 655 SW2d 471 [proper to charge four separate offenses where property was received from four separate persons belonging to four separate victims].)

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

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    274.2.4    Multiple Counts Or Charges: Forgery

PRACTICE NOTE: Multiple convictions of forgery based on one transaction may be permissible. (See e.g., People v. Neder (CA 1971) 16 CA3d 846, 852-53 [94 CR 364].)

    However, a person who both forges and utters an instrument is punishable for but one offense. (See e.g., State v. Nichols (WI 1959) 95 NW2d 765, 767; WISCONSIN JURY INSTRUCTIONS - CRIMINAL, WIS-JI-Criminal 1491 [Forgery (By Making Or Altering A Check)], comment p. 2 (University of Wisconsin Law School, 1999).)

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

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    274.2.5    Multiple Counts Or Charges: Sale And Transportation Of Controlled Substances

PRACTICE NOTE: A single sales transaction of multiple items of controlled substances of the same schedule is only one offense. (See e.g., Commonwealth v. Grubb (KY 1993) 862 SW2d 883, 884.)

    However, even when the defendant's activities are directed to the single goal of selling drugs, conviction for both sale and transportation of the drugs is permissible. (See e.g., People v. Orbe (CA 1994) 29 CA4th 1532, 1540-41 [35 CR2d 339].) However, there may be a double punishment problem under such circumstances. (Ibid.)

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

VOLUME 13 - CHAPTER 274

PRACTICE NOTE: See People v. McCoy (CA 1992) 9 CA4th 1578, 1582-83 [12 CR2d 476] [by absconding with his three children, the defendant violated three separate court orders and hence was subject to three separate convictions].)

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

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PRACTICE NOTE: The single act of threatening three potential witnesses may constitute three separate criminal offenses. (See e.g., Commonwealth v. Belcher (KY 1982) 640 SW2d 820, 822.)

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

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PRACTICE NOTE: "It is sometimes possible that the same acts will suffice to establish several different attempt crimes, given the multiple intentions underlying those acts." (State v. Walters (OR 1991) 804 P2d 1164, 1167 [defendant’s efforts to entice victim into his truck were sufficient for charges of attempted rape, attempted sodomy, and attempted kidnapping]; see also LaFave & Scott, Substantive Criminal Law (West, 1986) (West) § 6.2 and fn 113.1.)

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

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PRACTICE NOTE: In People v. Jackson (CA 1998) 66 CA4th 182, 189-90 [77 CR2d 564] the court followed People v. Thomas (CA 1994) 26 CA4th 1328, 1334-35 [32 CR2d 177] and held that a kidnapping cannot be divided into separate acts resulting in multiple convictions when there is a single abduction followed by a continuous period of detention.

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

 VOLUME 13 - CHAPTER 274

PRACTICE NOTE: Resisting arrest of more than one officer does not justify multiple convictions. (Wallace v. State (FL 1998) 724 So2d 1176, 1177.) The defendant’s altercations with each officer were in the course of his continuous resistance to an ongoing attempt to arrest him. The legislature could not have intended for a defendant to be charged with as many counts of resisting arrest as there were officers attempting to make the arrest.

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

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    See FORECITE National™ 83.3.8 [Multiple Conspiracy: Defense Theories].

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    274.2.12    Use Of Multiple Weapons In Single Crime

PRACTICE NOTE: See U.S. v. Cappas (7th Cir. 1994) 29 F3d 1187, 1189-90 [multiple weapon convictions based on a single occurrence impermissible because defendant would receive multiple punishment for committing the same offense.]

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

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    See FORECITE National™ 101.4.3.2 [Lewd Act With Child: Multiple Convictions -- Defense Theory That The Acts Were Not Distinct, Completed Acts].

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

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    See FORECITE National™  98.2.2.3 [Welfare Fraud: Only One Charge For All Aid Received From Single Act].

See generally, FORECITE National™ 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].