People v. Allen CA3

DISCUSSION

Generally, when an individual is convicted of multiple felonies and a trial court imposes consecutive terms, the aggregate sentence is the sum of the longest term (the principal term) plus one-third of the middle term of the remaining counts (subordinate terms). (§ 1170.1, subd. (a).) This rule applies whether the defendant has been convicted of multiple felonies in the same proceeding or court, or in different proceedings or courts. (Ibid.) However, the rule is different for in-custody felonies: “In the case of any person convicted of one or more felonies committed while the person is confined in the state prison . . . and . . . the court imposes consecutive terms, the term of imprisonment for all

2 the convictions that the person is required to serve consecutively shall commence from the time the person would otherwise have been released from prison. If the new offenses are consecutive with each other, the principal and subordinate terms shall be calculated as provided in subdivision (a). This subdivision shall be applicable in cases of convictions of more than one offense in the same or different proceedings.” (§ 1170.1, subd. (c), italics added.) As courts have…