California, United States of America
The following excerpt is from People v. Torres, C086960 (Cal. App. 2019):
The parties discuss various cases but agree on the applicable test for "separate occasions." The key question in determining whether any two defined sexual counts should be run fully consecutively to each other is whether "the defendant had a reasonable opportunity to reflect upon his or her actions and nevertheless resumed sexually assaultive behavior." ( 667.6, subd. (d).) That question is for the trial court to resolve in the first instance, subject to review for substantial evidence. (See People v. Pena (1992) 7 Cal.App.4th 1294, 1314-1315; People v. Corona (1988) 206 Cal.App.3d 13, 18, fn. 2 ["once the issue has been resolved by the trial court we are not at liberty to overturn the result unless no reasonable trier of fact could decide that there was a reasonable opportunity for reflection"].)
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