California, United States of America
The following excerpt is from People v. Handley, G056608 (Cal. App. 2020):
or acts the jury relied on in finding that allegation to be true, the trial judge was free to consider all of the evidence adduced at trial in determining whether section 654 applied to appellant's sentences for aggravated mayhem and aggravated kidnapping for ransom. (People v. Siko, supra, 45 Cal.3d at pp. 825-826; People v. McCoy, supra, 208 Cal.App.4th at p. 1340.) Having reviewed the entire record ourselves, we are convinced there is substantial evidence to support the trial court's implied finding those two offenses were based on different acts and committed for different reasons. Therefore, appellant is not entitled to relief under section 654.
The judgment is affirmed.
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