California, United States of America
The following excerpt is from People v. Patterson, B250340 (Cal. App. 2014):
period of aberrant behavior. [] (b) 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." "[T]he trial court is entitled to look at the whole record in the case" (People v. Fulton (1979) 92 Cal.App.3d 972, 976), including "'attendant facts,' 'the surroundings at the commission of an act,' [and] 'practically everything which has a legitimate bearing' on the matter in issue." (People v. Guevara (1979) 88 Cal.App.3d 86, 93.)
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