California, United States of America
The following excerpt is from People v. Clark, B285928 (Cal. App. 2018):
"Because of the many differing circumstances wherein criminal conduct involving multiple violations may be deemed to arise out of an 'act or omission,' there can be no universal construction which directs the proper application of section 654 in every instance. [Citation.]" (People v. Beamon (1973) 8 Cal.3d 625, 636.) "Whether section 654 applies in a given case is a question of fact for the trial court, which is vested with broad
Page 10
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. [Citation.]" (People v. Jones (2002) 103 Cal.App.4th 1139, 1143; see also People v. Brents (2012) 53 Cal.4th 599, 618.)
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.