What is the test for a trial court to make a decision under section 654 of the Criminal Code?

California, United States of America

The following excerpt is from People v. Duenas, B288392 (Cal. App. 2019):

^4. Barring circumstances foreclosing the trial court from considering all the evidence, "a trial court may base its decision under section 654 on any of the facts that are in evidence at trial, without regard to the verdicts." (People v. McCoy, supra, 208 Cal.App.4th at p. 1340.) A trial court may even rely on evidence excluded from trial. (People v. Racy, supra, 148 Cal.App.4th at p. 1337.) However, the manner the case is charged and tried may bar the trial court from considering all the evidence. (People v. Roberson (1988) 198 Cal.App.3d 860, 870-871.) Defendant identifies no evidence the trial court was precluded from considering.

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What is the test for a trial court to make a decision under section 654 of the Criminal Code?

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