Rule 4.425. Criteria affecting concurrent or consecutive sentences
Criteria affecting the decision to impose consecutive rather than concurrent sentences include:
(a) Criteria 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, 2007; previously amended effective January 1, 1991.)
(b) Other criteria and limitations
Any circumstances in aggravation or mitigation 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 prison sentence; and
(3)A fact that is an element of the crime may not be used to impose consecutive sentences.
(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1991.)
Rule 4.425 amended effective January 1, 2007; adopted as rule 425 effective July 1, 1977; previously amended effective January 1, 1991; previously renumbered effective January 1, 2001.
Advisory Committee Comment
The sentencing judge should be aware that there are some cases in which the law mandates consecutive sentences.