People v. Carter

Opinion

CHRISTIAN, J.

George Leroy Carter pleaded guilty to a charge of escape (without force or violence) from the Monterey County Sheriff’s Rehabilitation Center (Pen. Code, § 4532, subd. (b)), and he admitted an alleged prior prison term for grand theft within the meaning of Penal Code section 667.5, subdivision (b).

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The court sentenced him to

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state prison for the upper term of four years for robbery (the principal term), plus a consecutive term of eight months for the escape conviction (subordinate term), plus one year for the prior prison term pursuant to Penal Code section 667.5, subdivision (b), with credit for time served.

On appeal, defendant asserts that the trial court enhanced the subordinate term for the escape by adding one year for the prior prison term, and therefore he argues that such enhancement was improper under Penal Code section 1170.1, subdivision (a),

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because escape is not one of the offenses mentioned in Penal Code section 667.5, subdivision (c).

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Contrary to defendant’s assertion, however, the trial court did not use the prior prison term to enhance the subordinate term of imprisonment for the escape. Rather, the additional one year term was imposed, pursuant to section 667.5, subdivision (b), as part of the aggregate term of imprisonment. This was proper under section 1170.1, subdivision (a), which defines the aggregate term of imprisonment as the sum of (1) the principal term, (2) the subordinate term, and (3) any additional term imposed pursuant to section 667.5 or section 667.6. Subdivision (c) of section 1170.1 also indicates that the terms provided by section 667.5 are in addition to the principal and subordinate terms.

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