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Name: People v. Hill
Case #: A100958
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 05/28/2004

Penal Code section 1170.1, subdivision (a), gives a court discretion to impose one-third the upper term for an enhancement to a subordinate offense. While section 1170.1 requires that the consecutive subordinate term for a substantive offense be one-third the middle term prescribed for that offense, that section states that the term for a subordinate enhancement be “one third of the term imposed for any specific enhancements applicable to those subordinate offenses.” Thus, the sentencing court did not err in imposing a term of one-third the upper term for an enhancement under section 12022.5, subdivision (a)(1).