Does a defendant have a reasonable opportunity to reflect on his actions before committing a sex crime by removing items from the back of the car before throwing M. M. onto the back seat?

California, United States of America


The following excerpt is from People v. Green, B254805 (Cal. App. 2015):

crime by removing items from the back seat of the car before throwing M. onto the back seat. (See People v. Garza, supra, 107 Cal.App.4th at pp. 1092-1093.) The change in location, the brief conversation, the pause while the employee came and went, the time elapsed between the two sex crimes, defendant's preparation for his next sex crime, and the fact that he had the presence of mind to record the second act of forcible digital penetration all support the trial court's finding that he had a reasonable opportunity to reflect on his actions before resuming his attack.

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