Cal. R. 4.409

As amended through July 24, 2024

Rule 4.409 - Consideration of relevant factors

Relevant factors enumerated in these rules must be considered by the sentencing judge, and will be deemed to have been considered unless the record affirmatively reflects otherwise.

Cal. R. Ct. 4.409

Rule 4.409 amended effective 1/1/2018; amended effective 1/1/2007; adopted as rule 409 effective 7/1/1977; previously renumbered effective 1/1/2001.

Advisory Committee Comment

Relevant factors are those applicable to the facts in the record of the case; not all factors will be relevant to each case. The judge's duty is similar to the duty to consider the probation officer's report. Section 1203.

In deeming the sentencing judge to have considered relevant factors, the rule applies the presumption of Evidence Code section 664 that official duty has been regularly performed. (See People v. Moran (1970) 1 Cal.3d 755,762 [trial court presumed to have considered referring eligible defendant to California Youth Authority in absence of any showing to the contrary, citing Evidence Code section 664 ].)