Gamble

Defendant was convicted by plea of one count of malting an insufficient funds check (Pen. Code, § 476a, subd. (a)), three counts of commercial burglary (Pen. Code, § 459), and one count of felony escape (Pen. Code, § 4532, subd. (a)(1)). She was committed to state prison to serve a three-year term for the burglary counts, a concurrent term for the check count, and a consecutive four-month term for the Penal Code section 4532, subdivision (a)(1) felony escape count. We conclude that a consecutive term is not mandatory for a Penal Code section 4532, subdivision (a)(1) felony escape. Because the trial court erroneously believed that a consecutive term was mandatory for the escape count, we remand for a new sentencing hearing at which the trial court shall exercise its discretion to select either a concurrent or a consecutive term for the escape count.

I. Background

In November 2005, defendant pleaded no contest to making an insufficient funds check (Pen. Code, § 476a, subd. (a)), in exchange for felony probation. On December 13, 2005, she was granted probation for that offense. At the same hearing, she was sentenced for an unrelated offense for which she was ordered to…