What is the test for determining whether a defendant's intent and objective was determined by a jury?
California, United States of America
The following excerpt is from People v. Rubio, B254665 (Cal. App. 2015):
"'"The defendant's intent and objective are factual questions for the trial court; [to permit multiple punishments,] there must be evidence to support [the] finding the defendant formed a separate intent and objective for each offense for which he was sentenced."'" (People v. Capistrano (2014) 59 Cal.4th 830, 886; People v. Coleman
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(1989) 48 Cal.3d 112, 162.) We therefore review the trial court's ruling on the issue under a substantial evidence standard. (People v. Johnson (1969) 270 Cal.App.2d 204, 208-209 [whether shot fired as defendants drove away was divisible from robberies is question of fact decided by trial court].)
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