California, United States of America
The following excerpt is from The People v. Marlin, A123166, No. MCUKCRCR0781707 (Cal. App. 2011):
Marlin asserts the court erred in not staying his sentence under section 654 for burglary because, he claims, it encompassed the same intent and objective underlying the second degree murder conviction. "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." (People v. Jones (2002) 103 Cal.App.4th 1139, 1143.) "Its findings will not be reversed on appeal if there is any substantial evidence to support them." (Ibid.)
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