What is the effect of section 669 of the California Criminal Code Code on sentencing of a convicted offender who has been convicted of two or more crimes?

California, United States of America


The following excerpt is from People v. White, B263887, B266107 (Cal. App. 2017):

Section 669 provides, in pertinent part, "When any person is convicted of two or more crimes, . . . the second or other subsequent judgment upon which sentence is ordered to be executed shall direct whether the terms of imprisonment or any of them to which he or she is sentenced shall run concurrently or consecutively. . . . [] . . . Upon the failure of the court to determine how the terms of imprisonment on the second or subsequent judgment shall run, the term of imprisonment on the second or subsequent judgment shall run concurrently." The court may direct that any or all terms of imprisonment shall run consecutively when one or more aggravating circumstances are present during commission of the crimes. (People v. King (2010) 183 Cal.App.4th 1281, 1323.)

"The trial court has broad discretion with regard to sentencing, and its decision will be affirmed on appeal, so long as it is not arbitrary or irrational and is supported by any reasonable inferences from the record. [Citation.] The party attacking the sentence must show the sentencing decision was irrational or arbitrary and if it fails to do so, '"the trial court is presumed to have acted to achieve legitimate sentencing objectives . . . ."'" (People v. King, supra, 183 Cal.App.4th at p. 1323.)

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