What is the test for reversing a finding that a defendant committed offenses on separate occasions?
California, United States of America
The following excerpt is from The People v. Rangel, C060768, No.MF030265A (Cal. App. 2010):
"Once a trial judge has found under section 667.6, subdivision (d), that a defendant committed offenses on separate occasions, we may reverse only if no reasonable trier of fact could have decided the defendant had a reasonable opportunity for reflection after completing an offense before resuming his assaultive behavior." (People v. Garza (2003) 107 Cal.App.4th 1081, 1091-1092.)
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