What is the principal term of a sentence for possession of a firearm by a felon?

Regarding which term should be selected as the principal term, "[t]he principal term shall consist of the greatest term of imprisonment imposed by the court for any of the crimes." ( 1170.1, subd. (a).) In the firearm case, the trial court selected the term for possession of a firearm by a felon (former 12021, subd. (a)(1), now 29800, subd. (a)(1); count 1) as the principal term, imposing the upper term of three years doubled. In the escape case, the trial court designated the term for escape by a prisoner ( 4532, subd. (b); count 1) as the principal term, also imposing the upper term of three years doubled. "If two terms of imprisonment have the same punishment, either term may be selected as the principal term." (Cal. Rules of Court, rule 4.452(a)(2).) In that situation, the trial court has discretion in selecting the principal term among the two equal terms. (People v. Chagolla (1983) 144 Cal.App.3d 422, 433, fn. 1.) The Attorney General contends that, as between the two six-year terms imposed by the trial court, the record reflects that the court would have chosen the term for escape by a prisoner, rather than possession of a firearm by a felon, as the principal term "in order to effectuate the terms of [defendant's] plea bargain in [the escape case]." Although defendant does not specifically address this argument by the Attorney General, defendant does agree that the term for possession of a firearm by a felon should have been treated as a subordinate term with a sentence of 16 months, not as a principal term with a sentence of 6 years. We will modify the sentence accordingly.

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