Does the trial court have discretion to impose concurrent sentences on counts 1 and 2?

California, United States of America


The following excerpt is from People v. Escobar, B259309 (Cal. App. 2017):

However, the record is unclear as to whether the trial court was aware of its discretion to impose concurrent sentences on counts 1 and 2. There was some evidence the court was aware of its discretion. For example, the court's electing to review the probation report, inviting and hearing argument from counsel at the sentencing hearing, inquiring into whether the prosecution submitted a victim impact statement, and discussing mitigating factors, provide evidence the court believed it had discretion to impose concurrent sentences. (See People v. Leung (1992)

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