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2014 California Rules of Court

Rule 4.451. Sentence consecutive to indeterminate term or to term in other jurisdiction

(a) When a defendant is sentenced under section 1170 and the sentence is to run consecutively to a sentence imposed under section 1168(b) in the same or another proceeding, the judgment must specify the determinate term imposed under section 1170 computed without reference to the indeterminate sentence, must order that the determinate term be served consecutively to the sentence under section 1168(b), and must identify the proceedings in which the indeterminate sentence was imposed. The term under section 1168(b), and the date of its completion or parole date, and the sequence in which the sentences are deemed served, will be determined by correctional authorities as provided by law.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1979, and July 1, 2003.)

(b) When a defendant is sentenced under section 1170 and the sentence is to run consecutively to a sentence imposed by a court of the United States or of another state or territory, the judgment must specify the determinate term imposed under section 1170 computed without reference to the sentence imposed by the other jurisdiction, must order that the determinate term be served commencing on the completion of the sentence imposed by the other jurisdiction, and must identify the other jurisdiction and the proceedings in which the other sentence was imposed.

(Subd (b) amended effective January 1, 2007.)

Rule 4.451 amended effective January 1, 2007; adopted as rule 451 effective July 1, 1977; previously renumbered effective January 1, 2001; previously amended effective January 1, 1979, and July 1, 2003.

Advisory Committee Comment

The provisions of section 1170.1(a), which use a one-third formula to calculate subordinate consecutive terms, can logically be applied only when all the sentences are imposed under section 1170. Indeterminate sentences are imposed under section 1168(b). Since the duration of the indeterminate term cannot be known to the court, subdivision (a) states the only feasible mode of sentencing. (See People v. Felix (2000) 22 Cal.4th 651, 654-657; People v. McGahuey (1981) 121 Cal.App.3d 524, 530-532.)

On the authority to sentence consecutively to the sentence of another jurisdiction and the effect of such a sentence, see In re Helpman (1968) 267 Cal.App.2d 307 and cases cited at note 3, id. at 310. The mode of sentencing required by subdivision (b) is necessary to avoid the illogical conclusion that the total of the consecutive sentences will depend on whether the other jurisdiction or California is the first to pronounce judgment.

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