What is the test for consecutive sentences under section 7 of the California Criminal Code when a defendant is convicted of two or more serious or violent felonies?

California, United States of America


The following excerpt is from People v. Durant, 68 Cal.App.4th 1393, 81 Cal.Rptr.2d 207 (Cal. App. 1999):

"when a defendant is convicted of two or more current serious or violent felonies 'not committed on the same occasion, and not arising from the same set of operative facts,' not only must the court impose the sentences for these serious or violent offenses consecutive to each other, it must also impose these sentences 'consecutive to the sentence for any other conviction for which the defendant may be consecutively sentenced in the manner prescribed by law.' By implication, consecutive sentences are not mandated under subdivision (c)(7) if all of the serious or violent current felony convictions are 'committed on the same occasion' or 'aris[e] from the same set of operative facts.' " (People v. Hendrix, supra, 16 Cal.4th at p. 513, 66 Cal.Rptr.2d 431, 941 P.2d 64; see 667, subd. (c)(7).)

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