What is the test applied by the Court of Appeal to determine whether multiple sexual offences occurred on separate occasions for purposes of imposing full consecutive terms?

"By statute, the trial court at sentencing is empowered to make the determination whether multiple sexual offenses occurred on separate occasions for purposes of imposing full consecutive terms. [Citations.] These findings are typically based on burden of proof by a preponderance of the evidence. [Citation.]" (People v. Groves (2003) 107 Cal.App.4th 1227, 1230.) Under the substantial evidence test applicable to an appellate court's review of findings made under the preponderance of the evidence standard, the appellate court reviews the record in the light most favorable to the challenged finding to determine whether it discloses evidence that is reasonable, credible, and of solid value such that a reasonable trier of fact could make the finding by a preponderance of the evidence.²⁹ The appellate court "resolve[s] all conflicts in the evidence and questions of credibility in favor of the [finding], and . . . indulge[s] every

Page 45