Defendant convicted by jury of Sexual Assault (F2), 3 counts, same victim all 3 times. Motion to Stack was filed timely before trial. Jury sentences defendant after hearing from 3 other victims describing other sexual molestation for the past 20 years. Judge wants to know if there are "factors" to consider for stacking. Any ideas (besides safety of the public)? I can't find any caselaw...

Stacking is a purely discretionary decision by the judge. No pretrial motion is necessary, either. Judge simply determines whether none, all or some of the sentences should be stacked.

Of course, we could all come up with reasons to stack. But there are no legally required factors, and the decision is not subject to review.

How about: he committed the crime multiple times. The whole point is for the defendant to be punished for each time he sexually assaults someone.

All I argued to the Judge was discretion, the evidence at trial with regard to victim 1, and at punishment from 3 other victims since 1987! Judge stacked 20+20+20! Thanks!