People v. Soria-Gonzalez CA3

DISCUSSION

Section 1170.15 provides, in relevant part: “[I]f a person is convicted of a felony, and of an additional felony that is a violation of Section 136.1 [dissuading a witness] or 137 and that was committed against the victim of, or a witness or potential witness with respect to, or a person who was about to give material information pertaining to, the first felony . . . the subordinate term for each consecutive offense that is a felony described in this section shall consist of the full middle term of imprisonment for the felony for which a consecutive term of imprisonment is imposed.” (Italics added.)

2 Typically, a trial court must impose one-third of the middle term for subordinate terms. (§ 1170.1, subd. (a).) Section 1170.15 is an exception to that rule and allows the trial court to sentence defendant to the full middle term for a subordinate count if the prosecution proves: (1) defendant committed two or more felonies, (2) one of the felonies is dissuading a victim or witness under sections 136.1 or 137, and (3) the person defendant sought to dissuade was the victim of, or witness to, the first felony. In People v. Evans (2001) 92 Cal.App.4th 664, we explained:…