California, United States of America
The following excerpt is from The People v. Downey, 82 Cal.App.4th 899, 98 Cal.Rptr.2d 627 (Cal. App. 2000):
The court ordered the prison term to be served consecutively with the misdemeanor counts, stating, "Now, that term has to be served under the law consecutive to the misdemeanor under People v. Fugate, F-U-G-A-T-E, 219 Cal.App.3d 1408. The felony counts are the only counts that have the determinate sentencing law apply to them. The misdemeanor counts do not. That's a clear statement of law. It makes little difference practically in this case because on the misdemeanor counts this defendant has already served the time."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.