How is a determinate term sentence applied to a defendant who has been convicted of multiple crimes calling for determinate sentences?

California, United States of America


The following excerpt is from People v. Rodriguez, B242515 (Cal. App. 2013):

But here defendant was not convicted of multiple crimes calling for determinate term sentences. Instead he was convicted of one crime calling for an indeterminate term (murder) and one crime calling for a determinate term (possession of a firearm). Sentencing defendant for the indeterminate term must be separate from sentencing him for the determinate term. (People v. Neely (2009) 176 Cal.App.4th 787, 797.) Thus, the methodology of imposing sentence for persons convicted of multiple crimes calling for determinate sentences is inapplicable here. (Ibid.)

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