Does a defendant have to serve consecutive sentences on counts 6 and 7 of a charge of assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from People v. Foster, B237200 (Cal. App. 2013):

Consecutive sentences are not mandatory under section 667, subdivision (c)(6), where multiple crimes are committed on the same occasion or arise from the same set of operative facts. (People v. Deloza (1998) 18 Cal.4th 585, 591; section 667, subd. (c)(6) ["If there is a current conviction for more than one felony count not committed on the same occasion, and not arising from the same set of operative facts, the court shall sentence the defendant consecutively on each count . . . ."].) Thus, the trial court in this case had discretion to impose either consecutive or concurrent terms on counts 6 and 7. (People v. Deloza, supra, 18 Cal.4th at pp. 591, 596.)

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