California, United States of America
The following excerpt is from 199 Cal.App.3d 1099H, People v. Holdsworth, 244 Cal.Rptr. 782 (Cal. App. 1988):
The result in Lamont is correct because the defendant was in effect serving his sentence in a halfway house. The defendant had been delivered [199 Cal.App.3d 260] to a state institution after being sentenced; the only question was a semantic one of whether the halfway house constituted an institution or prison facility under section 5003, subdivision (q), and, by extension, a state prison for purposes of section 1170.1, subdivision (c). ( People v. Lamont, supra, 177 Cal.App.3d at p. 583, 223 Cal.Rptr. 52.) The question in this case is quite different. Appellant had not been delivered to any type of state institution when he committed his crime. Therefore, the question in this case is a threshold one of whether section 1170.1, subdivision (c), may apply before delivery
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