What is the test for reversing a finding that a defendant committed offenses on separate occasions?
California, United States of America
The following excerpt is from People v. Sanders, C073358 (Cal. App. 2014):
"Once a trial judge has found under section 667.6, subdivision (d), 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
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reflection after completing an offense before resuming his assaultive behavior. [Citations.]" (People v. Garza (2003) 107 Cal.App.4th 1081, 1091-1092.)
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Other Questions
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)
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