Whether section 654 applies in a case is a question for the trial court?

California, United States of America


The following excerpt is from People v. O'Roy, C080292 (Cal. App. 2018):

Whether section 654 applies in a case is a question of fact for the trial court, which is vested with broad latitude in making its determination. (People v. Vang (2010) 184 Cal.App.4th 912, 915-916.) We will not reverse the trial court's findings if there is any substantial evidence to support them. (Id. at p. 916.) " 'We review the trial court's determination in the light most favorable to the respondent and presume the existence of every fact the trial court could reasonably deduce from the evidence. [Citation.]' " (Ibid.)

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