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Legal Opinion

In Re Rye

California Court of Appeal

Decided July 17, 1957No. Crim. 3378PublishedCited by 17 opinions

1Opinion of the Court

WOOD (Fred B.), J.

In 1948, in the superior court, Fresno County, petitioner was convicted upon three counts (first degree murder and two armed robberies). He was sen tenced to life imprisonment for murder and for the term prescribed by law upon each of the robbery counts.

The judgment erroneously declared that the terms for robbery would run consecutively. Section 669 of the Penal Code declares that when a person is convicted of one or more crimes and the punishment for any of them “is expressly prescribed to be life imprisonment,” the terms of imprisonment on the other convictions “shall be…

2Cases cited8 opinions

  1. In Re ByrnesCalifornia Supreme Court · 1945
  2. People v. HolmanCalifornia Court of Appeal · 1945
  3. In Re GonsalvesCalifornia Supreme Court · 1957
  4. In Re ChessmanCalifornia Supreme Court · 1955
  5. People v. PearsonCalifornia Court of Appeal · 1957

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

3Cited by17 opinions

  1. In Re SandelCalifornia Supreme Court · 1966
  2. In Re TerryCalifornia Supreme Court · 1971
  3. People v. SewellCalifornia Supreme Court · 1978
  4. State v. HowlandArizona Supreme Court · 1968
  5. People v. DouglasCalifornia Court of Appeal · 1960

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

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