In U.S. v. McConney (9th Cir.1984) 728 F.2d 1195, the Ninth Circuit developed a functional analysis as a guide to selecting the proper standard of review for mixed questions. (McConney, supra, 728 F.2d at p. 1204.) Our high court has found the McConney analysis helpful in deciding the proper standard of review for mixed questions. (People v. Cromer (2001) 24 Cal.4th 889, 899.) The McConney court noted three steps exist in deciding mixed fact-law questions, establishing the facts, selecting the applicable rule of law and applying the law to the facts. (McConney, at p. 1200.) The standards of review for the first two steps are well settled, questions of fact are reviewed for substantial evidence and questions of law are reviewed de novo. (Id. at pp. 1200-1201.)