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2017 California Rules of Court

Rule 4.406. Reasons

(a) How given

If the sentencing judge is required to give reasons for a sentence choice, the judge must state in simple language the primary factor or factors that support the exercise of discretion or, if applicable, state that the judge has no discretion. The statement need not be in the language of these rules. It must be delivered orally on the record.

(Subd (a) amended effective January 1, 2007.)

(b) When reasons required

Sentence choices that generally require a statement of a reason include:

(1)Granting probation;

(2)Imposing a prison sentence or sentence in county jail under section 1170(h) and thereby denying probation;

(3)Declining to commit to the Department of Corrections and Rehabilitation, Division of Juvenile Justice an eligible juvenile found amenable for treatment;

(4)Selecting one of the three authorized prison terms referred to in section 1170(b) for either an offense or an enhancement;

(5)Imposing consecutive sentences;

(6)Imposing full consecutive sentences under section 667.6(c) rather than consecutive terms under section 1170.1(a), when the court has that choice;

(7)Striking the punishment for an enhancement;

(8)Waiving a restitution fine;

(9)Not committing an eligible defendant to the California Rehabilitation Center;

(10)Striking an enhancement or prior conviction allegation under section 1385(a); and

(11)Denying mandatory supervision in the interests of justice under section 1170(h)(5)(A).

(Subd (b) amended effective January 1, 2017; previously amended effective January 1, 2001, July 1, 2003, January 1, 2006, January 1, 2007, and May 23, 2007.)

Rule 4.406 amended effective January 1, 2017; adopted as rule 406 effective January 1, 1991; previously amended and renumbered effective January 1, 2001; previously amended effective July 1, 2003, January 1, 2006, January 1, 2007, and May 23, 2007.

Advisory Committee Comment

This rule is not intended to expand the statutory requirements for giving reasons, and is not an independent interpretation of the statutory requirements.

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