Introducing ATLASLearn more
Legal Opinion

People v. Torres

California Court of Appeal

Decided February 15, 2013No. F063840PublishedCited by 17 opinions

1Opinion of the Court

Opinion

DETJEN, J.

Defendant Olivia Stephanie Torres contends she should have been sentenced to county jail pursuant to Penal Code section 1170, subdivision (h), rather than to state prison.1 The Attorney General agrees. We do not. Instead, we hold that when a sentence that otherwise would have been served in county jail pursuant to section 1170, subdivision (h) is ordered to run concurrently to a sentence already being served in state prison, the entire sentence must be served in state prison. This is so even though the sentence that was imposed first would have been served in county jail had…

2Cases cited18 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. California Department of Corrections v. MoralesSupreme Court of the United States · 1995
  3. Lungren v. DeukmejianCalifornia Supreme Court · 1988
  4. People v. ValladoliCalifornia Supreme Court · 1996
  5. People v. BrunerCalifornia Supreme Court · 1995

13 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Mt. Hawley Insurance v. LopezCalifornia Court of Appeal · 2013
  2. People v. EspinozaCalifornia Court of Appeal · 2014
  3. People v. JohnsonCalifornia Court of Appeal · 2015
  4. People v. TubbsCalifornia Court of Appeal · 2014
  5. People v. ButcherCalifornia Court of Appeal · 2016

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API