What is the test for determining whether section 654 of the Criminal Code applies?
California, United States of America
The following excerpt is from People v. Basulto, E069551 (Cal. App. 2019):
"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." (Ibid.) The court's express or implied findings in support of its determination that section 654 does or does not apply will be upheld on appeal if substantial evidence supports them. (People v. Osband (1996) 13 Cal.4th 622, 730-731.)
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