How does section 1170.1 of the California Criminal Code apply to sentence a defendant to two consecutive periods of incarceration?

California, United States of America


The following excerpt is from People v. Davis, F076756 (Cal. App. 2020):

"Section 1170.1 sets forth the sentencing protocol for felony offenses for which a determinate low, middle or upper term of incarceration is imposed. It also sets forth the rules for imposing a consecutive sentence through the designation of 'principal' and 'subordinate' terms. First, the trial court is required to select a base term - either the statutory low, middle or upper term - for each of the crimes. [Citations.] Second, if the court determines that a consecutive sentence is merited, it must designate the crime with the 'greatest' selected base term as the principal term and the other crimes as subordinate terms. [Citation.] Third, the court sentences the defendant to the full base term it selected for the principal term crime and one-third of the middle term for any crimes for which the sentence is ordered to run consecutively. [Citations.] A subordinate term is one-third of the middle term even if the trial court had initially selected the lower or upper term as the base term." (People v. Neely (2009) 176 Cal.App.4th 787, 797-798.)

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