Does section 654 of the Criminal Code apply to crimes of violence against multiple victims?

It is true that, when applying section 654, the trial court is " 'entitled to make any necessary factual findings not already made by the jury.' " (People v. Deegan (2016) 247 Cal.App.4th 532, 545.) But the trial court may not do so in the absence of substantial evidence. (See ibid.) We are especially reluctant to conclude here the trial court impliedly made such a factual finding in the absence of any indication to that effect and where "the fact that makes the exception applicable was not alleged in the information, was not submitted to the trier of fact, and did not become an issue in the case until after the conclusion of the trial." (People v. Cardenas (2015) 239 Cal.App.4th 220, 233.)

The Attorney General cites People v. Oates, supra, 32 Cal.4th 1048 for the general proposition that "[t]he limitations of section 654 do not apply to crimes of violence against multiple victims because a defendant who harms more than one person is more

Page 11