California

Criminal Procedure

Criminal Procedure

Rule 4.425 – Factors affecting concurrent or consecutive sentences

Factors affecting the decision to impose consecutive rather than concurrent sentences include:

(a)Facts relating to crimes

Facts relating to the crimes, including whether or not:

(1) The crimes and their objectives were predominantly independent of each other;
(2) The crimes involved separate acts of violence or threats of violence; or
(3) The crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior.

(Subd (a) amended effective January 1, 2018; previously amended effective January 1, 1991, and January 1, 2007.)

(b)Other facts and limitations

Any circumstances in aggravation or mitigation may be considered in deciding whether to impose consecutive rather than concurrent sentences, except:

(1) A fact used to impose the upper term;
(2) A fact used to otherwise enhance the defendant’s sentence inprison or county jail under section 1170(h); and
(3) A fact that is an element of the crime may not be used to impose consecutive sentences.

(Subd (b) amended effective January 1, 2017; previously amended effective January 1, 1991, and January 1, 2007.)

Cal. R. Ct. 4.425

Rule 4.425 amended effective January 1, 2018; amended effective January 1, 2017; adopted as rule 425 effective July 1, 1977; previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, and January 1, 2007.

Advisory Committee Comment

The sentencing judge should be aware that there are some cases in which the law mandates consecutive sentences.