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Name: People v. Hernandez
Case #: C053061
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/26/2007
Subsequent History: 5/9/07: Revw granted & hold pending Cunningham: S151549
Summary

As there is no presumption or other entitlement to concurrent sentences for multiple offenses, a defendant is not entitled to a jury trial for determination of factors utilized to justify consecutive sentences. Under Penal Code section 669 a defendant convicted of multiple offenses is entitled to the sentencing court’s exercise of discretion but is not entitled to a particular result. Likewise, Cal. Rules of Court, rule 4.406(b)(5) requires the court to state its reasons for sentencing choices but does not create a presumption or entitlement to a particular result.