In Re Gray

The question presented on this appeal is whether the Community Release Board may, pursuant to Penal Code section 1170.2, subdivision (b), impose additional penalty for multiple offenses when the trial court, pursuant to the Indeterminate Sentence Law, had ordered the sentences to be served concurrently. We hold that the board may impose the additional penalty.

In April 1975, petitioner Carl Lee Gray, pleaded guilty to robbery in the first degree in case No. CR-31247. It was alleged in the information that his codefendant was armed with and did use a deadly weapon, to wit, a handgun, in the commission of the offense. Petitioner, on the same day, also pleaded guilty to a second charge of robbery in the first degree in case No. CR-31543. The information alleged that petitioner was armed with and did use a deadly weapon, to wit, a pistol, in the commission of the offense.

In each of these cases petitioner was sentenced to state prison for the term prescribed by law, sentences to run concurrently. Under the Indeterminate Sentence Law (ISL), first degree robbery was punishable by imprisonment in the state prison for a term of five years to life. (Former Pen. Code, § 213.)

On…