What is the test for reversing a finding that a defendant had a reasonable opportunity to reflect before committing an assault?
California, United States of America
The following excerpt is from People v. Tamayo, B262958 (Cal. App. 2016):
Our review of the trial court's finding regarding separate occasions is deferential. We reverse "only if no reasonable trier of fact could have decided the defendant had a reasonable opportunity for reflection after completing an offense before resuming his assaultive behavior." (People v. Garza, supra, 107 Cal.App.4th at p. 1092.)
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