What are the factors used to determine whether a defendant should receive a concurrent or consecutive sentence?

California, United States of America


The following excerpt is from People v. Benjamin, E056733 (Cal. App. 2014):

We apply the abuse of discretion standard when reviewing sentencing decisions. (People v. Sandoval (2007) 41 Cal.4th 825, 847.) Factors relating to the decision to impose concurrent or consecutive sentences are set forth in California Rules of Court, rule 4.425. The factors include, in part: (1) "The crimes and their objectives were predominantly independent of each other"; (2) "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"; and (3) "Any circumstances in aggravation or mitigation," unless the fact is used to impose an upper term, enhance defendant's sentence, or is an element of the crime. (Cal. Rules of Court, rule 4.425.)

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