Sentencing - Revision history

Sysop: /* Consecutive vs concurrent sentencing */

2026-04-29T04:44:44Z

Consecutive vs concurrent sentencing

← Older revision		Revision as of 04:44, 29 April 2026
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	PC669(d) When a court imposes a concurrent term of imprisonment and imprisonment for one of the crimes is required to be served in the state prison, the term for all crimes shall be served in the state prison, even if the term for any other offense specifies imprisonment in a county jail pursuant to subdivision (h) of Section 1170		PC669(d) When a court imposes a concurrent term of imprisonment and imprisonment for one of the crimes is required to be served in the state prison, the term for all crimes shall be served in the state prison, even if the term for any other offense specifies imprisonment in a county jail pursuant to subdivision (h) of Section 1170

			People v. Torres, 213 Cal. App. 4th 1151, 152 Cal. Rptr. 3d 836 (5th Dist. 2013)

	==Prison sentencing==		==Prison sentencing==

Sysop at 04:42, 29 April 2026

2026-04-29T04:42:58Z

← Older revision		Revision as of 04:42, 29 April 2026
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	But it need not provide reasons for declining to find a case “unusual” so as to rebut any presumptive ineligibility for probation. (People v. Lesnick (1987) 189 Cal.App.3d 637, 644.)		But it need not provide reasons for declining to find a case “unusual” so as to rebut any presumptive ineligibility for probation. (People v. Lesnick (1987) 189 Cal.App.3d 637, 644.)

			==Consecutive vs concurrent sentencing==

			Rule 4.452 is the Court rule on how to do consecutive sentencing across multiple cases and even multiple counties. We will need abstract of judgment from Riverside County to do the credits and fines. "If a former principal term is made a consecutive subordinate term in the resentencing, it generally will be limited by the “one-third the midterm” rule of section 1170.1(a)."

			In re Reeves, 35 Cal. 4th 765, 773, 28 Cal. Rptr. 3d 4, 110 P.3d 1218 (2005); People v. Allison, 39 Cal. App. 5th 688, 703, 252 Cal. Rptr. 3d 321 (1st Dist. 2019) [subsequent court has no jurisdiction to change the consecutive or concurrent sentence structure imposed by the previous court]

			If the court resentences the defendant under California Rules of Court, Rule 4.452, and the defendant already is serving a term in state prison imposed in a different case, the court must calculate all actual time credits earned prior to the re-sentencing, whether earned in state prison or local jail. (People v. Saibu, 191 Cal. App. 4th 1005, 1011–1012, 120 Cal. Rptr. 3d 84 (4th Dist. 2011), reh'g denied, (Feb. 1, 2011) and review denied, (Apr. 27, 2011).) The calculation of conduct credit while in prison should be left to the Department of Corrections and Rehabilitation. (People v. Buckhalter, 26 Cal. 4th 20, 26 Cal. 4th 994a, 108 Cal. Rptr. 2d 625, 25 P.3d 1103 (2001), as modified, (Aug. 29, 2001).)

			PC669(d) When a court imposes a concurrent term of imprisonment and imprisonment for one of the crimes is required to be served in the state prison, the term for all crimes shall be served in the state prison, even if the term for any other offense specifies imprisonment in a county jail pursuant to subdivision (h) of Section 1170

	==Prison sentencing==		==Prison sentencing==

Sysop: /* Resentencing */

2026-04-12T23:37:00Z

Resentencing

@@ Line 743: / Line 743: @@
 ==Resentencing==
-[https://www.courts.ca.gov/opinions/documents/C090767.PDF People v. McMurray (Mar. 30, 2022, C090767)
+[https://www.courts.ca.gov/opinions/documents/C090767.PDF People v. McMurray (Mar. 30, 2022, C090767)]
 Appellate jurisdiction
@@ Line 750: / Line 750: @@
 People v. Nelms (2008) 165 Cal.App.4th 1465
 People v. Acosta (1996) 48 Cal.App 4th 411, 427
 ==Upper term==

Sysop: /* Misdemeanor sentencing */

2026-02-08T04:05:17Z

Misdemeanor sentencing

← Older revision		Revision as of 04:05, 8 February 2026
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	A misdemeanor can be a full-boat consecutive in jail after a prison term. (''People v. Endelsen'' (1996) 46 Cal.App.4th 86.) A misdemeanor can be a full-boat consecutive in jail after a PC1170(h) jail sentence. (''People v. Brown (2016) 247 Cal.App.4th 1430.)		A misdemeanor can be a full-boat consecutive in jail after a prison term. (''People v. Endelsen'' (1996) 46 Cal.App.4th 86.) A misdemeanor can be a full-boat consecutive in jail after a PC1170(h) jail sentence. (''People v. Brown (2016) 247 Cal.App.4th 1430.)

			People v. Brown (2016) 247 Cal.App.4th 1430

	People v. Erdelan (1996) 46 Cal.App.4th 86		People v. Erdelan (1996) 46 Cal.App.4th 86

Sysop: /* Prison sentencing */

2026-02-08T04:02:06Z

Prison sentencing

← Older revision		Revision as of 04:02, 8 February 2026
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	In jail for out-to-court is still in prison. People v. White (1988) 202 Cal.App.3d 862		In jail for out-to-court is still in prison. People v. White (1988) 202 Cal.App.3d 862

			Thompson term doesn't inherit violent nature. (In re Tate (2006) 135 Cal.App.4th 756.)

	==Misdemeanor sentencing==		==Misdemeanor sentencing==

Sysop: /* Prison sentencing */

2026-02-08T03:50:50Z

Prison sentencing

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			In re Sims (1981) 117 Cal.App.3d 309

	In re ~~Sims~~ (~~1981~~) ~~117~~ Cal.App.3d ~~309~~
			In re Brown (2024) 104 Cal.App.5th 969

			In re Thompson (1985) 172 Cal.App.3d 256

			In jail for out-to-court is still in prison. People v. White (1988) 202 Cal.App.3d 862

	==Misdemeanor sentencing==		==Misdemeanor sentencing==

Sysop: /* Misdemeanor sentencing */

2026-02-08T03:48:41Z

Misdemeanor sentencing

← Older revision		Revision as of 03:48, 8 February 2026
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	A misdemeanor can be a full-boat consecutive in jail after a prison term. (''People v. Endelsen'' (1996) 46 Cal.App.4th 86.) A misdemeanor can be a full-boat consecutive in jail after a PC1170(h) jail sentence. (''People v. Brown (2016) 247 Cal.App.4th 1430.)		A misdemeanor can be a full-boat consecutive in jail after a prison term. (''People v. Endelsen'' (1996) 46 Cal.App.4th 86.) A misdemeanor can be a full-boat consecutive in jail after a PC1170(h) jail sentence. (''People v. Brown (2016) 247 Cal.App.4th 1430.)

			People v. Erdelan (1996) 46 Cal.App.4th 86

			People v. Murray (1994) 23 Cal.App.4th 1783

			In re Valenti (1986) 178 Cal.App.3d 470

			In re Eric J. (1979) 25 Cal.3d 522

	==Sentencing error==		==Sentencing error==

Sysop: /* Prison sentencing */

2026-02-08T03:45:58Z

Prison sentencing

← Older revision		Revision as of 03:45, 8 February 2026
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	Credits. In re Rojas (1979) 23 Cal.3d 152; People v. Phoenix (2014) 231 Cal.App.4th 1119		Credits. In re Rojas (1979) 23 Cal.3d 152; People v. Phoenix (2014) 231 Cal.App.4th 1119



			In re Sims (1981) 117 Cal.App.3d 309

	==Misdemeanor sentencing==		==Misdemeanor sentencing==

Sysop: /* Resentencing */

2025-12-19T14:08:43Z

Resentencing

← Older revision		Revision as of 14:08, 19 December 2025
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	[https://www.courts.ca.gov/opinions/documents/C090767.PDF People v. McMurray (Mar. 30, 2022, C090767)		[https://www.courts.ca.gov/opinions/documents/C090767.PDF People v. McMurray (Mar. 30, 2022, C090767)

			Appellate jurisdiction

			People v. Scarbrough (2015) 240 Cal.App.4th 916
			People v. Nelms (2008) 165 Cal.App.4th 1465
			People v. Acosta (1996) 48 Cal.App 4th 411, 427

	==Upper term==		==Upper term==

Sysop at 02:12, 25 May 2025

2025-05-25T02:12:06Z

← Older revision		Revision as of 02:12, 25 May 2025
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			“In a criminal case, judgment is rendered when the trial court orally pronounces sentence.” (People v. Karaman (1992) 4 Cal.4th 335, 344, fn. 9.)

	==Charging==		==Charging==
	Penal Code Section 12022.1		Penal Code Section 12022.1