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People v. Duran11/12/1973
We regard the consecutive sentences imposed under the kidnapping counts as double punishment and legally forbidden. For analogous situations where similar results were reached, see Ladner v. United States, 358 U.S. 169, 79 S.Ct. 209, 3 L.Ed.2d 199 (1958) (single discharge of shotgun held to constitute only single violation of statute penalizing assault on any federal officer, even though more than one officer was injured thereby); United States v. Deaton, 468 F.2d 541 (5th Cir. 1972) (harboring of two prison escapees held to constitute a single offense); Dawson v. State, 266 So. 2d 116 (Fla. App.) (concurrent sentences on two counts of manslaughter vacated, where deaths arose out of single transaction of driving under the influence).
We hasten to point out that we are here concerned with a single act of criminal conduct as distinguished from multiple criminal conduct involving separate criminal acts although connected with and committed during the same continuous criminal episode, as was the case in People v. Sharpe, 183 Colo. 64, 514 P.2d 1138. And we reject appellant's additional argument as legally unsupportable, that the other consecutive sentences imposed by the trial court here also be ordered to run concurrently. They clearly fall within the principles set forth in Sharpe, supra.
We affirm the judgment of the trial court denying appellant's 35(b) motion, except that we remand the case for resentencing on the kidnapping convictions.
Disposition
Affirmed in Part and Remanded.
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