Does a finding that a defendant committed the same crime pursuant to separate intents constitute sufficient grounds for a separate sentence?

California, United States of America


The following excerpt is from People v. Franklin, F064905 (Cal. App. 2014):

6. The thrust of the court's ruling on the section 654 issue focused on the elements of the two offenses. It is not entirely clear whether the court also based its ruling on a finding that defendant committed the crime pursuant to separate objectives. Regardless, the content of the court's explanation for its ruling in this regard is not dispositive. Even if the court did not expressly articulate a finding of separate intents, we would infer one nonetheless. "When a trial court sentences a defendant to separate terms without making an express finding the defendant entertained separate objectives, the trial court is deemed to have made an implied finding each offense had a separate objective. [Citation.]" (People v. Islas, supra, 210 Cal.App.4th at p. 129.)

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