Thomas

In this three strikes case, both sides contend the trial court erred in calculating the sentence. For the reasons explained below, we hold (1) when a third strike defendant is convicted on multiple counts and the life sentence on each count is to run consecutively, the minimum term of the indeterminate life sentence is calculated separately as to each count; (2) enhancements used in calculating the “minimum term of the indeterminate sentence” do not merge into the minimum term but may be separately punished; and (3) multiple convictions for serious or violent felonies not arising on the same occasion from the same set of facts must be sentenced consecutively. Based on these holdings the sentencing portion of the judgment is reversed and the cause is remanded to the trial court for resentencing in accordance with the views expressed herein.

Facts and Proceedings Below

A jury found defendant guilty of the attempted murder and aggravated assault of Karmel McGee (counts I and II); the robbery and aggravated assault of Monique Edwards (counts III and IV); the aggravated assault of Rocky Loyce (count V) and the aggravated assault of Ghanshyam Patel (count VI). The jury also…