What determinate enhancements apply to a defendant who is convicted of two counts of first-degree murder?

[I]n many instances a defendant's decision whether to plea bargain or go to trial will turn on the extent of his exposure to a lengthy prison term. (People v. Mancebo (2002) 27 Cal.4th 735, 752, 117 Cal.Rptr.2d 550, 41 P.3d 556.) Here, the prosecution made pretrial plea offers, and defendants rejected them. But because the prosecution had not yet alleged that the attempted murders were willful, deliberate, and premeditated, defendants were deprived of complete information about the sentences to which they were exposed on each count. Moreover, the sentencing implications of the allegation that the attempted murders were willful, deliberate, and premeditated were not limited to the difference between a life

[235 Cal.App.4th 1406]

sentence (with the allegation) and a maximum of nine years (without it). When a defendant receives consecutive determinate sentences, the subordinate terms are ordinarily one-third of the middle term, but consecutive indeterminate sentences are not subject to any such limitation. (See 669, 1170.1, subd. (a).; People v. Felix (2000) 22 Cal.4th 651, 653657, 94 Cal.Rptr.2d 54, 995 P.2d 186.) Similarly, determinate enhancements for subordinate determinate terms are limited to one-third of the enhancement term, but that limitation again does not apply to determinate enhancements for indeterminate terms. (Felix, supra, 22 Cal.4th at pp. 653657, 94 Cal.Rptr.2d 54, 995 P.2d 186.) Thus, with the allegation that the attempted murders were willful, deliberate, and premeditated, defendants faced the prospect of consecutive life sentences and consecutive 20year enhancements for firearm use. Without that allegation, defendants faced a maximum of nine years for attempted murder plus 20 years for firearm use on the principal term, plus one-third of seven years for attempted murder and one-third of 20 years for firearm use on the subordinate term.