California, United States of America
The following excerpt is from People v. DeVille, B238053 (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 . . . ."].) Here, the trial court found count 1 and count 2 "arose out of the same occasion." Thus, the court had discretion to impose either consecutive or concurrent terms on counts 1and 2. (People v. Deloza, supra, 18 Cal.4th at p. 596.)
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