(a) When multiple sentences of imprisonment are imposed on a defendant convicted of more than one (1) offense, including an offense for which a previous suspension or probation has been revoked, the sentences shall run concurrently unless, upon recommendation of the jury or the court's own motion, the court orders the sentences to run consecutively.
(b) When a sentence of imprisonment is imposed on a defendant who has previously been sentenced to imprisonment, whether by a court of this state, a court of another state, or a federal court, the subsequent sentence shall run concurrently with any undischarged portion of the previous sentence unless, upon recommendation of the jury or the court's own motion, the court imposing the subsequent sentence orders it to run consecutively with the previous sentence.
(c) The power of the court to order that sentences run consecutively is subject to the following limitations:
(1) A sentence of imprisonment for a misdemeanor and a sentence of imprisonment for a felony shall run concurrently, and both sentences are satisfied by service of sentence for a felony; and
(2) The aggregate of consecutive terms for misdemeanors shall not exceed one (1) year.
(d) The court is not bound by a recommendation of the jury concerning a sentencing option under this section.
Section: Previous 5-4-402 5-4-403 5-4-404 NextLast modified: November 15, 2016