What are the factors used by a court to determine a defendant's sentence for threatening a witness?

California, United States of America


The following excerpt is from People v. Tranquilino, B263979 (Cal. App. 2015):

consider whether "(1) The crimes and their objectives were predominantly independent of each other; [] (2) The crimes involved separate acts of violence or threats of violence; or [] (3) The crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior." (Cal. Rules of Court, rule 425(a)(1)-(3).) The court may also consider the circumstances in aggravation or mitigation discussed in California Rules of Court, rules 4.421 and 4.423, except: "(1) A fact used to impose the upper term; [] (2) A fact used to otherwise enhance the defendant's prison sentence; and [] (3) A fact that is an element of the crime . . . ." (Cal. Rules of Court, rule 4.425(b)(1)-(3).) The aggravating factors set forth in California Rules of Court, rule 4.421 include threatening a witness or otherwise attempting to unlawfully dissuade a witness from testifying. The factors set forth in the rules are not exclusive; the court may choose any criteria reasonably related to the sentencing choice. (See Cal. Rules of Court, rule 4.408(a); People v. Crabtree (2009) 169 Cal.App.4th 1293, 1325-1326.)

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