Rule 4.406. Reasons

(a) How given If the sentencing judge is required to give reasons for a sentence choice, the judge must state in simple language the primary factor or factors that support the exercise of discretion. The statement need not be in the language of the statute or these rules. It must be delivered orally on the record. The court may give a single statement explaining the reason or reasons for imposing a particular sentence or the exercise of judicial discretion, if the statement identifies the sentencing choices where discretion is exercised and there is no impermissible dual use of facts.

(b) When reasons required Sentence choices that generally require a statement of a reason include, but are not limited to:

(1) Granting probation when the defendant is presumptively ineligible for probation;

(2) Denying probation when the defendant is presumptively eligible for probation;

(3) Selecting a term for either an offense or an enhancement;

(4) Imposing consecutive sentences;

(5) Imposing full consecutive sentences under section 667.6(c) rather than consecutive terms under section 1170.1(a), when the court has that choice;

(6) Waiving a restitution fine;

(7) Granting relief under section 1385; and

(8) Denying mandatory supervision in the interests of justice under section 1170(h)(5)(A).

Committee Notes

(Subd (a) amended effective January 1, 2018; previously amended effective January 1, 2007.)

(Subd (b) amended and renumbered effective March 14, 2022; previously amended effective January 1, 2001, July 1, 2003, January 1, 2006, January 1, 2007, May 23, 2007, and January 1, 2017; previously amended and renumbered effective January 1, 2018.)