Cal. R. 4.425

As amended through September 20, 2024

Rule 4.425 - Factors affecting concurrent or consecutive sentences

Factors affecting the decision to impose consecutive rather than concurrent sentences include:

(a)Facts relating to crimes

Facts relating to the crimes, including whether or not:

(1) The crimes and their objectives were predominantly independent of each other;

(2) The crimes involved separate acts of violence or threats of violence; or

(3) 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.

(Subd (a) amended effective January 1, 2018; previously amended effective January 1, 1991, and January 1, 2007.)

(b)Other facts and limitations

Any circumstances in aggravation or mitigation, whether or not the factors have been stipulated to by the defendant or found true beyond a reasonable doubt at trial by a jury or the judge in a court trial, may be considered in deciding whether to impose consecutive rather than concurrent sentences, except:

(1) A fact used to impose the upper term;

(2) A fact used to otherwise enhance the defendant's sentence in prison or county jail under section 1170(h); and

(3) A fact that is an element of the crime.

(Subd (b) amended effective January 1, 2017; previously amended effective January 1, 1991, and January 1, 2007.)

Cal. R. Ct. 4.425

Rule 4.425 amended effective 3/14/2022; amended effective 1/1/2018; amended effective 1/1/2017; adopted as rule 425 effective 7/1/1977; previously renumbered effective 1/1/2001; previously amended effective 1/1/1991, and 1/1/2007.

Advisory Committee Comment

The sentencing judge should be aware that there are some cases in which the law mandates consecutive sentences.