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Name: People v. LaPierre
Case #: B239304
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/03/2013
Summary

Trial court properly imposed state term to run consecutive to federal sentence previously imposed. A California trial court sentenced LaPierre to prison, the sentence to run consecutively to a federal sentence that was imposed previously. Thereafter, appeals in both the federal and state courts resulted in remands to the lower courts for resentencing, with the federal court resentencing LaPierre first. The state court reduced LaPierre’s state sentence. LaPierre appealed an order denying his motion to require the state court to order his sentence be served concurrently to his federal sentence. The appellate court rejected LaPierre’s argument, finding that the California court imposed a consecutive sentence again upon resentencing, preserving the status quo. The outcome was not affected by the federal court’s order on remand that the federal term run concurrently “with any sentence [LaPierre] is presently serving” because that judgment was prior to the California judgment. Penal Code section 669 authorized the California court to order the California term to run consecutively to the federal judgment.