What is the test for a jury to convict a defendant of assault with force likely to inflict great bodily injury for two separate attacks?

California, United States of America


The following excerpt is from People v. Thomas, D071297 (Cal. App. 2017):

Each attack or assault was volitional and separated by an interval of time "during which reflection was possible." (People v. Trotter (1992) 7 Cal.App.4th 363, 368 [three separate gunshots were separately punishable as three separate assaultive acts]; see also People v. Surdi (1995) 35 Cal.App.4th 685, 689 [punishment for multiple offenses appropriate for separate stabbing incidents when there was evidence of separate intentions to do violence for each stabbing and pauses in the action].) The evidence supported the jury's verdicts for assault with force likely to inflict great bodily injury and simple battery based upon the two separate attacks. " 'Defendant should ... not be rewarded where, instead of taking advantage of an opportunity to walk away from the

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