California, United States of America
The following excerpt is from People v. Hernandez, G054544 (Cal. App. 2018):
Section 1168 provides: "(a) Every person who commits a public offense, for which any specification of three time periods of imprisonment in any state prison . . . is now prescribed by law or for which only a single term of imprisonment in state prison . . . be sentenced pursuant to [section 1170 et seq.] [] (b) For any person not sentenced under such provision, but who is sentenced to be imprisoned in the state prison . . . the court imposing the sentence shall not fix the term or duration of the period of imprisonment." (Italics added.) Thus, "[o]ffenses for which an indeterminate sentence of life imprisonment or death can be imposed are not subject to section 1170.1. Consequently, there are no principal and subordinate terms to be selected. [Citation.] The court simply imposes the statutory term of imprisonment for the indeterminate sentence crime. . . ." (People v. Neely (2009) 176 Cal.App.4th 787, 798.)
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