Scott
People v. Scott
Opinion
Opinion
Davis, J.
In pertinent part, subdivision (b) of Penal Code section 4532 (undesignated section references will be to this code) provides that a violent or forcible escape from county jail by a prisoner convicted of (or facing prosecution for) a felony shall be punished by a term of two, four, or six years in the state prison “to be consecutive to any other term of imprisonment, commencing from the time the person would otherwise have been released from imprisonment and the term shall not be subject to reduction pursuant to subdivision (a) of Section 1170.1 . . . .” The issue we must resolve is the manner in which a trial court is to compute an aggregate term of consecutive sentences for multiple offenses when a forcible-escape conviction under section 4532 is included among them. We conclude the sentencing court must postpone consideration of the escape conviction in favor of first structuring the consecutive sentences for the remaining convictions in whatever manner it chooses. It then must select the appropriate term for the escape conviction, which must be imposed fully consecutive to the other terms. As this was not the procedure followed in the matter before us, we shall…