What is the test for sentencing a defendant to two-thirds of his sentence under section 1170.1 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Bowens, C071825 (Cal. App. 2018):

counts, it must then engage in the "separate and distinct" determination of whether to impose consecutive terms "under section 1170.1," i.e., one-third the middle term, or under the harsher full term provisions of subdivision (c) of section 667.6," and provide "a statement of reasons separate from those justifying the decision merely to sentence consecutively." (People v. Belmontes (1983) 34 Cal.3d 335, 347.)

Finally, as the Attorney General concedes, defendant's prior narcotics conviction enhancements must be stricken.

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