Can a determinate term be imposed before an indeterminate term is imposed?

California, United States of America


The following excerpt is from Thompson, In re, 172 Cal.App.3d 256, 218 Cal.Rptr. 192 (Cal. App. 1985):

Respondents argue that under Grimble the determinate term must be served first regardless of the sequence of conviction or the fact that the indeterminate term has been partially served before the determinate term has been imposed. The problem here, however, is that petitioner's determinate term is not being served first but is being served second, interrupting the indeterminate term. Neither section 669 nor People v. Grimble authorizes the correctional authorities or the courts to toll an indeterminate sentence while a determinate term is served.

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