California, United States of America
The following excerpt is from People v. Farmer, C072066 (Cal. App. 2014):
Section 667, subdivision (c)(6) states: "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 pursuant to subdivision (e)." "By implication, consecutive sentences are not mandatory under subdivision (c)(6) if the multiple current felony convictions are 'committed on the same occasion' or 'aris[e] from the same set of operative facts.'" (People v. Hendrix (1997) 16 Cal.4th 508, 512-513.) The trial court here plainly was aware of its discretion to direct that the sentences run concurrent. At sentencing, defendant requested concurrent sentencing on counts 3, 5, and 6 pursuant to section 1170.12, subdivision (a)(6), which is virtually identical to section 667, subdivision (c)(6),4 because "[t]his is
Page 13
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.