P.
P. v. Tillman CA3
Opinion
Opinion
DISCUSSION
I. Two Consecutive Sentences on Current Felony Convictions
Defendant contends the trial court misunderstood the scope of its consecutive sentencing discretion and, if it understood its discretion, it abused that discretion by not imposing concurrent sentences on the two current felony convictions sentenced upon (police evasion and felon firearm possession). We disagree.
The trial court imposed consecutive sentences, reasoning: “The[se] [two] crimes and their objectives . . . were predominantly independent of each other . . . .”
The three strikes law requires “that sentencing on distinct current offenses be consecutive . . . .” (Garcia, supra, 20 Cal.4th at p. 500, italics added.) The trial court understood this legal requirement and did not abuse its discretion in finding the two sentenced current crimes “distinct”—i.e., predominantly independent of one another.
3 Neither of these two offenses facilitated the other, nor was one carried out to undertake the other. (See People v. Ratcliff (1990) 223 Cal.App.3d 1401, 1410 [“the crime [of firearm possession by a felon] is committed the instant the felon in any way has a firearm within his control”] original italics…