California, United States of America
The following excerpt is from The People v. Monson, F058724, Super. Ct. No. F08907941 (Cal. App. 2011):
However, where a "trial court has given both proper and improper reasons for a sentence choice, a reviewing court will set aside the sentence only if it is reasonably probable that the trial court would have chosen a lesser sentence had it known that some of its reasons were improper." (People v. Price (1991) 1 Cal.4th 324, 492, superseded by statute as stated in People v. Hinks (1997) 58 Cal.App.4th 1157; People v. Avalos (1984) 37 Cal.3d 216, 233.) Relevant to this case, rule 4.421(a)(7) states that the trial court may consider the fact a defendant "was convicted of other crimes for which consecutive sentences could have been imposed but for which concurrent sentences are being imposed."
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