California, United States of America
The following excerpt is from People v. Blair, F074875 (Cal. App. 2019):
"Whether section 654 applies in a given case is a question of fact for the trial court, which is vested with broad latitude in making its determination. [Citations.]" (People v. Jones, supra, 103 Cal.App.4th at p. 1143.) "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.] " 'A trial court's implied finding that a defendant harbored a separate intent and objective for each offense will be upheld on appeal if it is supported by substantial evidence.' [Citation.]" (People v. Islas (2012) 210 Cal.App.4th 116, 129.)
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