Is Section 654 of the Criminal Code factually applicable to a given series of crimes?

California, United States of America


The following excerpt is from People v. Flores, A148387 (Cal. App. 2020):

" 'The question whether section 654 is factually applicable to a given series of offenses is for the trial court, and the law gives the trial court broad latitude in making this determination. Its findings on this question must be upheld on appeal if there is any substantial evidence to support them. [Citations.] "We must 'view the evidence in a light most favorable to the respondent and presume in support of the [sentencing] order the existence of every fact the trier could reasonably deduce from the evidence.' " ' [Citations.] 'The court's findings may be either express or implied from the court's ruling.' " (People v. Deegan, supra, 247 Cal.App.4th at p. 545, fn. 4.)

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