What is the "one third the midterm rule" under section 1170.1?

California, United States of America


The following excerpt is from People v. Reyes, B277398 (Cal. App. 2017):

3. "The one-third-the-midterm rule of section 1170.1, subdivision (a), only applies to a consecutive sentence, not a sentence stayed under section 654." (People v. Cantrell (2009) 175 Cal.App.4th 1161, 1164.)

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