What is the test for determining whether section 654 of the California Criminal Code applies to a defendant who had more than one objective?

California, United States of America


The following excerpt is from People v. Mazariego, H037216 (Cal. App. 2012):

"Whether section 654 applies in a given case is a question of fact for the trial court, which is vested with broad latitude in making its determination. [Citations.] Its findings will not be reversed on appeal if there is any substantial evidence to support them. [Citations.] We review the trial court's determination in the light most favorable to the respondent and presume the existence of every fact the trial court could reasonably deduce from the evidence." (People v. Jones (2002) 103 Cal.App.4th 1139, 1143.)

The trial court's determination that the defendant had more than one objective is factual and will be upheld on appeal if supported by substantial evidence. (People v. Saffle (1992) 4 Cal.App.4th 434, 438.) Where, as here, the trial court makes no specific finding on the issue, a finding that the crimes were divisible is implicit in the judgment and will be upheld if supported by substantial evidence. (Lopez, supra, 198 Cal.App.4th at p. 717.)

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