How does Section 1170.1(c) of the California Criminal Code apply to felonies committed in prison?

California, United States of America


The following excerpt is from In re Coleman, 186 Cal.Rptr.3d 922, 236 Cal.App.4th 1013 (Cal. App. 2015):

principal term and the consecutive sentences are subordinate terms, served at one-third of the middle term. (People v. White (1988) 202 Cal.App.3d 862, 869, 249 Cal.Rptr. 165 (White ).) In contrast, Section 1170.1(c) applies to felonies committed when the defendant is confined in a state prison. The statutory scheme makes clear that such felonies, i.e., those felonies committed in prison, are exempt from the general sentencing scheme. [Citation.] A sentence under subdivision (c) is longer than a sentence imposed under subdivision (a) because the in-prison offenses are fully consecutive to the sentence for the offense for which the defendant was in prison. Using sentencing jargon the in-prison offense is treated as a new principal term rather than as a subordinate term to the out-of-prison offense. (White, at pp. 869870, 249 Cal.Rptr. 165.)

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