What is the definition of the term "the same occasion" and what are the "operative facts" used to determine whether a defendant has committed the same crime on the same occasion?

California, United States of America

The following excerpt is from People v. Bryant, C080616 (Cal. App. 2018):

The term "same occasion" refers to a close temporal and spatial proximity between the acts underlying the current felony convictions. (Deloza, supra, 18 Cal.4th at pp. 594-595.) A crime is not committed on the same occasion if it is complete when the second crime is being committed. (People v. Durant (1999) 68 Cal.App.4th 1393, 1405-1406.) "Operative facts" refer to the facts of a case which prove the underlying act upon which the defendant was convicted. (People v. Lawrence (2000) 24 Cal.4th 219, 231

Page 13

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)

What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)

What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)

What is the test for determining whether there were two crimes committed at the same time, one committed with the same intent and objectives, and the other committed with different intentions and objectives? (California, United States of America)

Is there an instruction stating that one of the facts to be determined, and as to which the jury must be convinced beyond a reasonable doubt, was whether defendant committed the crime? (California, United States of America)

When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)

Can a jury rely on expert testimony about gang culture and habits to determine whether a crime committed by a defendant was committed for the benefit of a gang? (California, United States of America)

What is the associated crime factor for determining whether a defendant has committed a criminal offence? (California, United States of America)

What is the test for determining whether a defendant committed a specific crime? (California, United States of America)

What is the test for determining whether a defendant has been found to have committed a sexual assault against another defendant? (California, United States of America)

What is the definition of the term "the same occasion" and what are the "operative facts" used to determine whether a defendant has committed the same crime on the same occasion?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources