What is the test for determining whether section 654 of the Penal Code is factually applicable to a given series of crimes?

California, United States of America


The following excerpt is from People v. Rangel, F071772 (Cal. App. 2018):

"The question whether [Penal Code] section 654 is factually applicable to a given series of offenses is for the trial court, and the law gives the trial court broad latitude in making this determination. Its findings on this question must be upheld on appeal if there is any substantial evidence to support them. [Citations.] 'We must "view the evidence in a light most favorable to the [judgment] and presume in support of the [sentencing] order the existence of every fact the trier could reasonably deduce from the evidence. [Citation.]" [Citation.]' [Citation.]" (People v. Hutchins (2001) 90 Cal.App.4th 1308,

Page 13

Other Questions


Is Section 654 of the Penal Code factually applicable to a given series of crimes? (California, United States of America)
Is Section 654 of the Criminal Code factually applicable to a given series of crimes? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Is section 654 of the California Criminal Code factually applicable to a given series of crimes? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Is section 654 of the California Criminal Code factually applicable to a given series of offenses? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a defendant is guilty of a lesser crime under section 1157 of the California Penal Code? (California, United States of America)
How have courts interpreted section 654 of the California Penal Code to determine whether an armed robber committed three separate crimes? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.