Does section 1170.1, subdivision (a) of the California Criminal Code apply to the determinate term of an indeterminate life sentence?

California, United States of America


The following excerpt is from The People v. Saavedra, B214904, No. NA068609 (Cal. App. 2010):

The principal/subordinate terms methodology set forth in section 1170.1, subdivision (a) applies to determinate terms only. Offenses for which an indeterminate life sentence can be imposed are not subject to section 1170.1. "Consequently there are no principal and subordinate terms to be selected. ( 1168, subd. (b).) The court simply imposes the statutory term of imprisonment for the indeterminate sentence crime, which in this case is [life with the possibility of parole. ( 664, subd. (a)]. [] Once the court determines what sentence is to be imposed for the indeterminate term offenses and the determinate term offenses, it combines the two to reach an aggregate total sentence. Nothing in the sentencing for the determinate term crimes is affected by the sentence for the indeterminate term crime." (People v. Neely (2009) 176 Cal.App.4th 787, 798.)

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