What is the test for determining whether a single violation or multiple violation was committed by a defendant in a sexual assault case?
California, United States of America
The following excerpt is from People v. Phillips, E055742 (Cal. App. 2013):
ordinary sense of a separate, identifiable, physical incident, but may instead be a 'course of conduct' or series of acts violating more than one statute and comprising an indivisible transaction punishable under more than one statute." (People v. Liu (1996) 46 Cal.App.4th 1119, 1135.) If the violations "shared common acts" the inquiry for the court is "whether the defendant's criminal intent and objective were single or multiple." (Ibid.)
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