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
The following excerpt is from People v. Benson, C090165 (Cal. App. 2021):
When, as here, a trial judge has found under [Pen. Code] 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 reflection after completing an offense before resuming his assaultive behavior. (People v. Garza (2003) 107 Cal.App.4th 1081, 1092.)
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