Does section 654 of the California Code of Civil Procedure require the trial court to rule that there are two named victims in a single count of shooting from a motor vehicle?

California, United States of America


The following excerpt is from People v. Aleman, F063601 (Cal. App. 2012):

specific victims in a single count of shooting from a motor vehicle. Moreover, while the trial court "is entitled to make any necessary factual findings not already made by the jury" in determining whether section 654 applies (People v. Centers (1999) 73 Cal.App.4th 84, 101, italics added), we know of no authority allowing it to supplant the jury's findings by determining, for example, that two of the four named victims were the victims for purposes of count 3, while the other two named victims were the victims for purposes of count 7.

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