What is the test for a finding that there was more than one objective in a conviction for possession of burglary tools?

California, United States of America


The following excerpt is from People v. Curtwright, C049610 (Cal. App. 3/13/2008), C049610 (Cal. App. 2008):

"The determination of whether there was more than one objective is a factual determination, which will not be reversed on appeal unless unsupported by the evidence presented at trial. [Citation.] The factual finding that there was more than one objective must be supported by substantial evidence. [Citation.]" (People v. Saffle (1992) 4 Cal.App.4th 434, 438.)

The People correctly concede the sentence for possession of burglary tools should have been stayed.

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