When a defendant is convicted of both violent sex crimes and crimes to which section 1170.1 of the California Code of Criminal Code applies, what are the terms of his sentence?

California, United States of America

The following excerpt is from People v. Bailey, C047633 (Cal. App. 8/15/2007), C047633 (Cal. App. 2007):

Terms imposed under section 667.6 subdivision (c) or (d) "shall not be included in any determination pursuant to Section 1170.1." ( 667.6, subd. (c), (d).) "Thus, when a defendant is convicted of both violent sex offenses and crimes to which section 1170.1 applies, the sentences for the violent sex offenses must be calculated separately and then added to the terms for the other offenses as calculated under section 1170.1." (People v. Pelayo (1999) 69 Cal.App.4th 115, 124.)

"The most advanced legal research software ever built."

Try it today free of charge!

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.

Other Questions

Does Section 1170.1 of the California Criminal Code apply to sentencing a defendant who has been convicted of multiple criminal convictions for the same crime? (California, United States of America)

When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)

Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)

Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)

When a defendant has been convicted of multiple violent sex crimes as defined in section 667.61, subdivision (i) of the California Criminal Code, what is the appropriate sentence for each sex crime committed on separate occasions? (California, United States of America)

Can a defendant who served a prior prison sentence for non-sexually violent crimes receive additional enhancements to his sentence under section 12022.6 of the California Criminal Code when his sentence is not yet final? (California, United States of America)

Does Section 186.22, subdivision (b)(1)(A)(A) of the California Criminal Code apply to a defendant who is convicted of a charge of a violent crime committed for the benefit of, at the direction of or in association with a criminal street gang? (California, United States of America)

Does section 186.22, subdivision (b)(1)(C) of the California Criminal Code apply to a convicted felon who was convicted of a violent crime committed for the benefit of a criminal street gang? (California, United States of America)

Does section 654 of the California Criminal Code require a concurrent or concurrent sentence for a defendant convicted of a series of crimes committed at the same time under different criminal objectives? (California, United States of America)

What is the test for an enhancement to a conviction under section 186.22(b)(1) of the California Criminal Code when a defendant is convicted of a criminal street crime committed for the benefit of a street gang? (California, United States of America)

When a defendant is convicted of both violent sex crimes and crimes to which section 1170.1 of the California Code of Criminal Code applies, what are the terms of his sentence?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources