What is the substantial evidence standard used to determine whether there was a single criminal act or course of conduct with single criminal objective?
California, United States of America
The following excerpt is from People v. Garcia, F062592 (Cal. App. 2012):
An appellate court employs the substantial evidence standard to review the trial court's factual finding, implicit or explicit, of whether there was a single criminal act or a course of conduct with a single criminal objective. (People v. Powell (2011) 194 Cal.App.4th 1268, 1296.) "[S]ection 654 does not preclude separate punishment for multiple sex offenses which, although closely connected in time and part of the same criminal venture, are separate and distinct, and which are not committed as a means of
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committing any other sex offense, do not facilitate commission of another sex offense, and are not incidental to the commission of another sex offense. [Citations.]" (People v. Castro (1994) 27 Cal.App.4th 578, 584-585.)
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