How have courts interpreted the two-step test in determining whether a defendant had a "break in the action"?
California, United States of America
The following excerpt is from People v. Hawkins, C086100 (Cal. App. 2020):
We need not apply step two of the two-step test because the trial court found there were "separate events" between which defendant had a "break in the action," and substantial evidence supports the court's finding. (People v. Islas, supra, 210 Cal.App.4th at p. 129; People v. Gaio, supra, 81 Cal.App.4th at p. 935.)
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