How can a court find that Newton's prior convictions are not subject to section 654 of the Criminal Code?

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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