California

Criminal Procedure

Rule 4.1 – Title
Rule 4.2 – Application
Rule 4.3 – Reference to Penal Code
Vacatur relief under Penal Code section 236.14
Rule 4.100 – Arraignments
Rule 4.101 – Bail in criminal cases
Rule 4.102 – Uniform bail and penalty schedules-traffic, boating, fish and game, forestry, public utilities, parks and recreation, business licensing
Rule 4.103 – Notice to appear forms
Rule 4.104 – Procedures and eligibility criteria for attending traffic violator school
Rule 4.105 – Appearance without deposit of bail in traffic infraction cases
Rule 4.106 – Failure to appear or failure to pay for a Notice to Appear issued for an infraction offense
Rule 4.107 – Mandatory reminder notice? traffic procedures
Rule 4.108 – Installment Payment Agreements
Rule 4.110 – Time limits for criminal proceedings on information or indictment
Rule 4.111 – Pretrial motions in criminal cases
Rule 4.112 – Readiness conference
Rule 4.113 – Motions and grounds for continuance of criminal case set for trial
Rule 4.114 – Certification under Penal Code section 859a
Rule 4.115 – Criminal case assignment
Rule 4.116 – Certification to juvenile court
Rule 4.117 – Qualifications for appointed trial counsel in capital cases
Rule 4.119 – Additional requirements in pretrial proceedings in capital casest
Rule 4.130 – Mental competency proceedings [Effcetive until September 1, 2020]
Rule 4.130 – Mental competency proceedings [Effcetive September 1, 2020]
Rule 4.131 – Probable cause determinations under section 1368.1(a)(2)
Rule 4.150 – Change of venue: application and general provisions
Rule 4.151 – Motion for change of venue
Rule 4.152 – Selection of court and trial judge
Rule 4.153 – Order on change of venue
Rule 4.154 – Proceedings in the receiving court
Rule 4.155 – Guidelines for reimbursement of costs in change of venue cases-criminal cases
Rule 4.200 – Pre-voir dire conference in criminal cases
Rule 4.201 – Voir dire in criminal cases
Rule 4.202 – Statements to the jury panel
Rule 4.210 – Traffic court-trial by written declaration
Rule 4.220 – Remote video proceedings in traffic infraction cases
Rule 4.230 – Additional requirements in capital cases
Rule 4.300 – Commitments to nonpenal institutions
Rule 4.305 – Notification of appeal rights in felony cases
Rule 4.306 – Notification of appeal rights in misdemeanor and infraction cases
Rule 4.310 – Determination of presentence custody time credit
Rule 4.315 – Setting date for execution of death sentence
Rule 4.320 – Records of criminal convictions (Gov. Code, Sections 69844.5, 71280.5)
Rule 4.325 – Ignition interlock installation orders: “interest of justice” exceptions
Rule 4.330 – Misdemeanor hate crimes
Rule 4.335 – Ability-to-pay determinations for infraction offenses
Rule 4.336 – Confidential Can’t Afford to Pay Fine Forms
Rule 4.401 – Authority
Rule 4.403 – Application

Rule 4.405 – Definitions
Rule 4.406 – Reasons
Rule 4.407 – Repealed 2007
Rule 4.408 – Listing of factors not exclusive; sequence not significant
Rule 4.409 – Consideration of relevant factors
Rule 4.410 – General objectives in sentencing
Rule 4.411 – Presentence investigations and reports
Rule 4.411.5 – Probation officer’s presentence investigation report
Rule 4.412 – Reasons-agreement to punishment as an adequate reason and as abandonment of certain claims
Rule 4.413 – Grant of probation when defendant is presumptively ineligible for probation
Rule 4.414 – Criteria affecting probation
Rule 4.415 – Criteria affecting the imposition of mandatory supervision
Rule 4.420 – Selection of term of imprisonment
Rule 4.421 – Circumstances in aggravation
Rule 4.423 – Circumstances in mitigation
Rule 4.424 – Consideration of applicability of section 654
Rule 4.425 – Factors affecting concurrent or consecutive sentences
Rule 4.426 – Violent sex crimes
Rule 4.427 – Hate crimes
Rule 4.428 – Factors affecting imposition of enhancements
Rule 4.431 – Proceedings at sentencing to be reported
Rule 4.433 – Matters to be considered at time set for sentencing
Rule 4.435 – Sentencing on revocation of probation, mandatory supervision, and postrelease community supervision
Rule 4.437 – Statements in aggravation and mitigation
Rule 4.447 – Sentencing of enhancements
Rule 4.451 – Sentence consecutive to or concurrent with indeterminate term or term in other jurisdiction
Rule 4.452 – Determinate sentence consecutive to prior determinate sentence
Rule 4.453 – Commitments to nonpenal institutions
Rule 4.470 – Notification of appeal rights in felony cases [Repealed]
Rule 4.472 – Determination of presentence custody time credit
Rule 4.480 – Judge’s statement under section 1203.01
Rule 4.510 – Reverse remand
Rule 4.530 – Intercounty transfer of probation and mandatory supervision cases
Rule 4.540 – Revocation of postrelease community supervision [Repealed]
Rule 4.541 – Minimum contents of supervising agency reports
Rule 4.545 – Definitions
Rule 4.550 – Habeas corpus application and definitions
Rule 4.551 – Habeas corpus proceedings
Rule 4.552 – Habeas corpus jurisdiction
Rule 4.571 – Filing of petition in the superior court
Rule 4.572 – Transfer of petitions
Rule 4.573 – Proceedings after the petition is filed
Rule 4.574 – Proceedings following an order to show cause
Rule 4.575 – Decision on death penalty-related habeas corpus petition
Rule 4.576 – Successive petitions
Rule 4.577 – Transfer of files
Rule 4.601 – Judicial determination of factual innocence form
Rule 4.700 – Firearm relinquishment procedures for criminal protective orders

Rule 4.424 – Consideration of applicability of section 654

Before determining whether to impose either concurrent or consecutive sentences on all counts on which the defendant was convicted, the court must determine whether the proscription in section 654 against multiple punishments for the same act or omission requires a stay of execution of the sentence imposed on some of the counts.

Cal. R. Ct. 4.424

Rule 4.424 amended effective January 1, 2011; adopted as rule 424 effective January 1, 1991; previously renumbered effective January 1, 2001; previously amended effective January 1, 2007.

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