California, United States of America
The following excerpt is from People v. Mitchell, 199 Cal.App.3d 300, 244 Cal.Rptr. 803 (Cal. App. 1988):
My colleagues in the majority rely on People v. Jones (1980) 110 Cal.App.3d 75, 167 Cal.Rptr. 571 in concluding that section 1170.1, [199 Cal.App.3d 309] subdivision (c), did not apply in this case, stating: "It is also plain that the consecutive sentencing scheme of subdivision (c) applies only to felonies committed in an escape by one confined in a state prison. Stated another way, one who escapes from a local facility or jail in violation of subdivision (b) of section 4532, must be given a consecutive term, but that term is to be calculated by the one-third of the midterm scheme contained in subdivision (a) of section 1170.1." (Maj. opn. at p. 805.)
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