Can a court impose consecutive sentences on counts 1, 4 and 5 on a charge of assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from People v. Smith, E051438, Super.Ct.No. RIF144217 (Cal. App. 2011):

Most importantly, however, courts have discretion to impose consecutive sentences based solely on the occurrence of separate acts of violence against multiple victims, even if the acts were part of the same incident but charged as separate counts. (People v. Calhoun (2007) 40 Cal.4th 398, 408.) Here, each incident involved two separate victims. The existence of mitigating factors, which might have supported concurrent rather than consecutive sentences, is not enough to establish an abuse of discretion. As a result, we cannot conclude the trial court abused its discretion in imposing consecutive sentences on counts 1 through 4.

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