California, United States of America
The following excerpt is from People v. Jackson, A158935 (Cal. App. 2021):
We disagree. Section 1170.1, subdivision (a) provides a defendant convicted of two or more felonies shall be sentenced to one-third the middle term on subordinate terms for each consecutive offense. Subdivision (d), however, provides: If an enhancement is punishable by one of three terms, the court shall, in its discretion, impose the term that best serves the interest of justice.... ( 1170.1, subd. (d).) Thus, the express language of the statute requires the sentencing court to impose one-third the middle term for the subordinate felony but allows the court discretion to select which of the three alternative terms applies to the enhancement, then impose one-third of that term. (People v. Hill (2004) 119 Cal.App.4th 85, 88-91.) Accordingly, the trial court did not err.
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