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

California, United States of America


The following excerpt is from People v. Medina, C073622 (Cal. App. 2015):

Whether section 654 "applies in a given case is a question of fact for the trial court, which is vested with broad latitude in making its determination. [Citations.] Its findings will not be reversed on appeal if there is any substantial evidence to support them. [Citations.] We review the trial court's determination in the light most favorable to the [judgment] and presume the existence of every fact the trial court could reasonably deduce from the evidence." (People v. Jones (2002) 103 Cal.App.4th 1139, 1143.)

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