Does a defendant have to serve two consecutive indeterminate life sentences under the Three Strikes Act?

California, United States of America


The following excerpt is from People v. Randall, 50 Cal.App.4th 144, 57 Cal.Rptr.2d 702 (Cal. App. 1996):

Defendant argues that it creates an anomaly to have mandatory consecutive sentences under the Three Strikes law, when an earlier habitual offender statute, section 667.7, merely allows, but does not require, consecutive life sentences. (People v. Jenkins (1995) 10 Cal.4th 234, 255-256, 40 Cal.Rptr.2d 903, 893 P.2d 1224.) We perceive no anomaly in enacting greater penalties when existing penalties do not appear to be serving their purpose.

The trial court properly imposed a consecutive indeterminate life term for each of defendant's three current felony convictions.

2. Calculating the Minimum Terms

A. Should Current Convictions Be Considered Subordinate Terms?

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