P.
P. v. LaPierre CA
Opinion
Opinion
DISCUSSION
Penal Code section 669 authorizes a state court to direct that a term run consecutively to any prior judgment, including a federal judgment.2 (People v. Veasey (1979) 98 Cal.App.3d 779, 787-788.) The state court was therefore authorized in its original 1993 judgment to order the California term to run consecutively to the original 1992 federal judgment, as LaPierre concedes. The federal and California courts each resentenced LaPierre on remand, but the sequence of the judgments did not change. The federal court resentenced him in 1993, and the California court did so in 1994. Section 669 authorized the California court, in its 1994 amended abstract, to again direct that the California term run consecutively to the "prior" 1993 federal judgment on remand. A federal judgment is "prior" to the state judgment for purposes of section 669 if it exists at the time of state resentencing on remand. (People v. Lister (1984) 155 Cal.App.3d 132, 134.) The federal court's 1993 judgment existed when the state court resentenced LaPierre on remand in 1994. There is a limitation to the trial court's authority under section 669 on remand, but it does not apply here. The state…