What is the basis for a conviction under section 654 of the California Criminal Code where a jury found a defendant guilty of two separate crimes, one of which was unlawful threat to kill, and the other of the crimes involved separate acts?

On the question of whether the crimes involved separate acts, we note that it is unclear which unlawful threat the jury based its verdict on as to count 3. None of the charging documents, jury instructions, prosecutor's argument, or verdict forms indicates the basis for the conviction. However, where there are multiple bases on which the jury could find a defendant guilty of a specific crime, the trial court may impose punishment without knowing, for purposes of section 654, which particular basis or bases jurors agreed upon. (People v. McCoy (2012) 208 Cal.App.4th 1333, 1340.) "[I]n the absence of some circumstance 'foreclosing' its sentencing discretion ..., a trial court may base its discretion under section 654 on any of the facts that are in evidence at trial, without regard to the verdicts." (Ibid.) Indeed, the trial court "may even rely on facts underlying verdicts of acquittal in making sentencing choices." (Ibid.)