California, United States of America
The following excerpt is from People v. Newton, 10 Cal. Daily Op. Serv. 13, 211, 116 Cal.Rptr.3d 711, 189 Cal.App.4th 314 (Cal. App. 2011):
The People discuss ways in which a court could find that Newton's prior convictions are not subject to section 654. It may be true that a court could have found Newton had two different objectives when he committed the prior offense. (See People v. Latimer (1993) 5 Cal.4th 1203, 1208, 23 Cal.Rptr.2d 144, 858 P.2d 611 [" 'Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 depends on the intent and objective of the actor' "].) But the prior trial court did not so find. Instead it found section 654 applies. That finding is supported by the evidence, and we must uphold it on appeal. ( People v. Akins, supra, 56 Cal.App.4th at p. 339, 65 Cal.Rptr.2d 338.) The People cite no authority that a subsequent trial court has the power to reach a different conclusion.
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