What is the test for reversing a finding that a defendant committed crimes against the same person on two separate occasions?
California, United States of America
The following excerpt is from People v. Smith, C087068 (Cal. App. 2019):
Once a trial judge finds that a defendant committed offenses on separate occasions, we may reverse only if no reasonable trier of fact could have decided the defendant had a reasonable opportunity for reflection before resuming his criminal activity. (People v. Garza (2003) 107 Cal.App.4th 1081, 1092.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a crime committed by the same person as a separate crime is separate and involved separate objectives? (California, United States of America)
What is the test for reversing a finding that a defendant committed offenses on separate occasions? (California, United States of America)
Is a defendant who commits a violent crime against several victims more culpable than a violent offender who commits violent crimes against one person more than one? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
When a trial judge has found under Pen. Code 667.6, subdivision (d), that a defendant committed offenses on separate occasions, that they were committed at the same time, can the judge reverse? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
What is the test for reversing a finding that a defendant committed offenses on separate occasions? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
What is the test for reversing a finding that a defendant committed offenses on separate occasions? (California, United States of America)
