What is the effect of section 669, subdivision (a) of the California Criminal Code when a defendant is convicted of two or more crimes?

California, United States of America


The following excerpt is from People v. Whitfield, C080517 (Cal. App. 2018):

Section 669, subdivision (a) provides, in part: "When a person is convicted of two or more crimes, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment rendered by the same judge or by different judges, the second or other subsequent judgment upon which sentence is ordered to be executed shall direct whether the terms of imprisonment or any of them to which he or she is sentenced shall run concurrently or consecutively." Subdivision (b) of section 669 provides, in part: "Upon the failure of the court to determine how the terms of imprisonment on the second or subsequent judgment shall run, the term of imprisonment on the second or subsequent judgment shall run concurrently." (See also People v. Rogers (1967) 252 Cal.App.2d 1015, 1020.)

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