California, United States of America
The following excerpt is from People v. Nguyen, G054768 (Cal. App. 2018):
whether that course of conduct reflects a single '"intent and objective"' or multiple intents and objectives." (People v. Corpening (2016) 2 Cal.5th 307, 311.)
Section 654's applicability "is a question of fact for the trial court, which is vested with broad latitude in making its determination. [Citations.] Its findings will not be reversed on appeal if there is any substantial evidence to support them. [Citations.] We review the trial court's determination in the light most favorable to the respondent and presume the existence of every fact the trial court could reasonably deduce from the evidence." (People v. Jones (2002) 103 Cal.App.4th 1139, 1143.)
Here, counts 4 through 7 are based on physical acts that are separate from each other and from the conduct underlying count 3 (defendant's penetration of T.C.'s vagina with his fingers). Counts 4 and 5 are based on defendant's threats to kill T.C. made before and after he left his residence to move her car. As discussed ante, count 6 is based on defendant's act of pulling down T.C.'s pants and underwear. Count 7 is based on his conduct of beating T.C. and causing her traumatic injury. Because counts 4 through 7 are based on separate acts, we consider whether defendant's course of conduct with regard to those acts reflects a single intent and objective or multiple intents and objectives within the meaning of section 654. (See People v. Corpening, supra, 2 Cal.5th at p. 311.)
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