LaPierre

The California trial court sentences defendant to prison, the sentence to run consecutively to a federal sentence that was imposed previously. Thereafter, appeals in the federal and the state courts result in remands to the respective trial courts for resentencing. The sequence of judgments in the federal and state courts does not change, but the state appellate court reduces defendant’s sentence. Under these circumstances, the power of the state trial court to impose a consecutive sentence does not change.

Anthony Stanislaus LaPierre appeals an order denying his motion to require the state court to order his sentence to be served concurrently to his federal sentence. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

LaPierre committed numerous armed bank robberies in Hawaii and California. In April 1992, he suffered his first conviction for these crimes when a state court in Hawaii sentenced him to eight to 20 years in prison.

In May 1992, a federal district court in Hawaii sentenced LaPierre to more than 27 years in prison for several other robberies, to be served concurrently “with any sentence [LaPierre] is presently serving.” LaPierre was then in state custody in…