What is the difference between a determinate-term and indeterminate term sentence for a murder conviction?

California, United States of America


The following excerpt is from People v. Galafate, F075314 (Cal. App. 2019):

Sentencing for the indeterminate crime of murder is governed by section 190 and sentencing for determinate-term crimes is governed by sections 1170 and 1170.1. Sentencing under these two schemes is performed separately and independently from one another and denoted on separate forms. (People v. Neely (2009) 176 Cal.App.4th 787, 797.) Only after each is determined are they added together to form the aggregate term of imprisonment. (Ibid.) Section 2900.5 provides for the application of custody credit to a defendant's term of imprisonment: "In all felony . . . convictions, . . . when the defendant has been in custody . . . all days of custody of the defendant . . . shall be credited upon his or her term of imprisonment . . . in the discretion of the court imposing the sentence." (Ibid.)

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