California, United States of America
The following excerpt is from People v. Grissom, F072622 (Cal. App. 2018):
As a general rule, the trial court determines the defendant's intentions and objectives under section 654 by a preponderance of the evidence. (See People v. Towne (2008) 44 Cal.4th 63, 86 ["Facts relevant to sentencing need be proved only by a preponderance of the evidence"]; People v. Cleveland (2001) 87 Cal.App.4th 263, 268-270.) "When a trial court sentences a defendant to separate terms without making an express finding the defendant entertained separate objectives, the trial court is deemed to have made an implied finding each offense had a separate objective." (People v. Islas (2012) 210 Cal.App.4th 116, 129.) "We review the court's determination ... for sufficient evidence in a light most favorable to the judgment, and presume in support of the court's conclusion the existence of every fact the trier of fact could reasonably deduce from the evidence. [Citation.]" (People v. Cleveland, supra, at p. 271.)
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