California

Criminal Procedure

Criminal Procedure

Rule 4.408 – Listing of factors not exclusive; sequence not significant

(a) The listing of factors in these rules for making discretionary sentencing decisions is not exhaustive and does not prohibit a trial judge from using additional criteria reasonably related to the decision being made. Any such additional criteria must be stated on the record by the sentencing judge.

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

(b) The order in which criteria are listed does not indicate their relative weight or importance.

Cal. R. Ct. 4.408

Rule 4.408 amended effective January 1, 2018; amended effective January 1, 2007; adopted as rule 408 effective July 1, 1977; previously renumbered effective January 1, 2001.

Advisory Committee Comment

The variety of circumstances presented in felony cases is so great that no listing of criteria could claim to be all-inclusive. (Cf., Evid. Code, Section 351.)

The relative significance of various criteria will vary from case to case. This, like the question of applicability of various criteria, will be decided by the sentencing judge.