Does a defendant have to serve the determinate sentences on counts 2 (robbery) and 3 (kidnaping) pending completion of his life sentence for murder?

California, United States of America


The following excerpt is from People v. Glaude, 141 Cal.App.3d 633, 190 Cal.Rptr. 479 (Cal. App. 1983):

The People further contend that the trial court erred in staying the determinate sentences on counts 2 (robbery) and 3 (kidnaping) pending completion of the life sentence on count 1 (murder). In support, the People cite People v. Grimble (1981) 116 Cal.App.3d 678, 172 Cal.Rptr. 362. In his reply brief, defendant has offered no argument in opposition on this issue. Under Penal Code section 669, a life sentence, whether with or without the possibility of parole, may be ordered to run consecutive to any other prison term for any felony, in which case the determinate terms must be served first. (Id. at pp. 684-685, 172 Cal.Rptr. 362.) This was not done here.

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