If a defendant has multiple convictions in the same proceeding, can the sentencing court order that any determinate sentence be served concurrently or consecutively?

California, United States of America


The following excerpt is from People v. Thomas, C088876 (Cal. App. 2019):

(People v. Nguyen (1999) 21 Cal.4th 197, 201.) If a defendant has multiple convictions in the same proceeding, the sentencing court may order that any determinate sentence be served either concurrently or consecutively. (Ibid.) If the court exercises its discretion to impose consecutive terms, Penal Code3 section 1170.1, subdivision (a) specifies the normal method for calculating the overall prison term. The statute provides, with certain exceptions, that "the aggregate term of imprisonment for all these convictions shall be the sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements for prior convictions, prior prison terms, and Section 12022.1." The "principal term" equals the greater term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable specific enhancements. (Ibid.) The "subordinate term" for each consecutive offense shall consist of one-third of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed and shall include one-third of the term imposed for any specific enhancements applicable to those subordinate offenses. (Ibid.)

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