What is the appropriate sentence for a defendant who has been convicted of two or more felonies?

California, United States of America


The following excerpt is from In re Brown, 259 Cal.Rptr.3d 56, 45 Cal.App.5th 699 (Cal. App. 2020):

"[Penal Code] [s]ection 1170.1 generally governs the calculation and imposition of a determinate sentence when a defendant has been convicted of more than one felony offense." ( People v. Williams (2004) 34 Cal.4th 397, 402, 19 Cal.Rptr.3d 619, 98 P.3d 876.) Under Penal Code section 1170.1, subdivision (a), "Except as otherwise provided by law, and subject to [Penal Code] [s]ection 654, when any person is convicted of two or more felonies, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment rendered by the same or by a different court , and a consecutive term of imprisonment is imposed under [Penal Code] [s]ections 669 and 1170, the aggregate term of imprisonment for all these convictions shall be the sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements for prior convictions, prior prison terms, and [Penal Code] [s]ection 12022.1." (Italics added.)

[45 Cal.App.5th 727]

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