When will a court sentence a defendant to two-and-a-half years in prison for assault and assault with intent to cause grievous bodily harm against another person?

California, United States of America


The following excerpt is from People v. Quintero, B250025 (Cal. App. 2015):

The trial court indentified adequate bases for its sentencing decisions. Defendant's status on parole (Cal. Rules of Court, rule 4.421(b)(4), and unsatisfactory performance on parole (rule 4.421(b)(5)) are separate aggravating factors, one of which would support imposition of the upper term, the other of which would support the imposition of consecutive sentences. (People v. Bravot (1986) 183 Cal.App.3d 93, 98 [The existence of just one criterion is sufficient to impose a consecutive sentence].) Also, some of defendant's crimes occurred at different times and locations. The trial court therefore identified several lawful bases upon which both the upper term and consecutive sentences could be imposed.

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