What is the proper standard of review for section 654 of the California Criminal Code for kidnapping with intent to rape and assault?
California, United States of America
The following excerpt is from People v. Duenas, B288392 (Cal. App. 2019):
Defendant's argument that section 654 bars multiple punishment for kidnapping with intent to rape and assault ignores the proper standard of review. "A trial court's express or implied determination that two crimes were separate, involving separate objectives, must be upheld on appeal if supported by substantial evidence." (People v. Brents (2012) 53 Cal.4th 599, 618.)
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