California, United States of America
The following excerpt is from People v. Lightner (In re Lightner), A153588, A156236 (Cal. App. 2019):
As is relevant here, section 667.6, subdivision (d) mandates fully consecutive sentences for the sex crimes of which defendant was convicted "if the crimes . . . involve the same victim on separate occasions." "In determining whether crimes against a single victim were committed on separate occasions under this subdivision, the court shall consider whether, between the commission of one sex crime and another, the defendant had a reasonable opportunity to reflect upon his or her actions and nevertheless resumed sexually assaultive behavior. Neither the duration of time between crimes, nor whether or not the defendant lost or abandoned his or her opportunity to attack, shall be, in and of itself, determinative on the issue of whether the crimes in question occurred on separate occasions." ( 667.6, subd. (d); see also Cal. Rules of Court, rule 4.426(a)(2).) Where, as here, a trial judge has found under section 667.6, subdivision (d), that a defendant committed offenses on separate occasions, this court will reverse "only if no reasonable trier of fact could have decided the defendant had a reasonable opportunity for reflection after completing an offense before resuming his assaultive behavior. Citations.]" (People v. Garza (2003) 107 Cal.App.4th 1081, 1092.)
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