What is the test for determining whether the acts of which defendant has been convicted constitute an indivisible course of conduct?
California, United States of America
The following excerpt is from People v. Nichols, 29 Cal.App.4th 1651, 35 Cal.Rptr.2d 478 (Cal. App. 1994):
"The question of whether the acts of which defendant has been convicted constitute an indivisible course of conduct is primarily a factual determination, made by the trial court on the basis of its findings concerning the defendant's intent and objective in committing the acts. This determination will not be reversed on appeal unless unsupported by the evidence presented at trial." (People v. Lee (1980) 110 Cal.App.3d 774, 786, 168 Cal.Rptr. 231.)
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