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Name: People v. Munoz
Case #: C058521
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/13/2009

Because a consecutive sentence for Penal Code section 12022.53, subdivision (d) (25 years to life) is an indeterminate sentence, it is not subject Penal Code section 1170.1, subdivision (a), and is imposed for the full amount rather than one-third. Appellant was convicted of several offenses, including shooting from a vehicle, with an enhancement pursuant to Penal Code section 12022.53, subdivision (d), which provides for an indeterminate sentence of 25-years-to-life. He was sentenced to a consecutive sentence of one year, eight months for shooting from a vehicle, plus 25 year to life for the firearm enhancement. The appellate court rejected appellant’s claim that section 12022.53, subdivision (d) is governed by section 1170.1, subdivision (a). Distinguishing the holding in People v. Moody (2002) 96 Cal.App.4th 987, the court noted the enhancement in Moody (Pen. Code, sec. 12022.53, subd. (b)) provided for a determinate term of ten years and would be governed under the Penal Code section 1170.1, subdivision (a) determinate sentence statute, unlike the enhancement here which provided for an indeterminate term.