Is a judge's decision to sentence a convicted rapist to two sentences concurrently valid?

California, United States of America


The following excerpt is from In re Consiglio, 128 Cal.App.4th 511, 27 Cal.Rptr.3d 167 (Cal. App. 2005):

decision was arbitrary or irrational, it must be presumed the trial court acted to achieve legitimate sentencing objectives]; People v. Duvall (1995) 9 Cal.4th 464, 474, 37 Cal.Rptr.2d 259, 886 P.2d 1252 [in an attack on a judgment by a petition for habeas corpus "`all presumptions favor the truth, accuracy, and fairness of the conviction and sentence....'"].) Consiglio has failed to establish the judge was unaware of his discretion to sentence concurrently.

[128 Cal.App.4th 517]

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