P. v. Mende CA6
We also agree that the prohibition against multiple punishments (Pen. Code, §§ 654; 422.6, subd. (d)) applies, since the assault and hate crime offenses arose from the same act, which consisted of Mende encouraging the assault by shouting for codefendant to “kill” the “fag.” (See People v. Jones (2012) 54 Cal.4th 350, 358 [“[Penal Code] [s]ection 654 prohibits multiple punishment for a single physical act that violates different provisions of law”]; see also Pen. Code, § 422.6, subd. (d) [providing that “an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, and the penalty to be imposed shall be determined as set forth in [Penal Code] [s]ection 654”].)
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