Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT / CHAPTER 4.5. Trial Court Sentencing / ARTICLE 1. Initial Sentencing
California Codes

Cal. Penal Code § 1170.1 (2026)

Initial Sentencing

✓ current as of May 2026
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(a)Except as otherwise provided by law, and subject to Section 654, when any person is convicted of two or more felonies, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment rendered by the same or by a different court, and a consecutive term of imprisonment is imposed under Sections 669 and 1170, the aggregate term of imprisonment for all these convictions shall be the sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements for prior convictions, prior prison terms, and Section 12022.1. The principal term shall consist of the greatest term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable specific enhancements. The subordinate term for each consecutive offense shall consist of one-third of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed, and shall include one-third of the term imposed for any specific enhancements applicable to those subordinate offenses. Whenever a court imposes a term of imprisonment in the state prison, whether the term is a principal or subordinate term, the aggregate term shall be served in the state prison, regardless as to whether or not one of the terms specifies imprisonment in a county jail pursuant to subdivision (h) of Section 1170.

(b)If a person is convicted of two or more violations of kidnapping, as defined in Section 207, involving separate victims, the subordinate term for each consecutive offense of kidnapping shall consist of the full middle term and shall include the full term imposed for specific enhancements applicable to those subordinate offenses.

(c)In the case of any person convicted of one or more felonies committed while the person is confined in the state prison or is subject to reimprisonment for escape from custody and the law either requires the terms to be served consecutively or the court imposes consecutive terms, the term of imprisonment for all the convictions that the person is required to serve consecutively shall commence from the time the person would otherwise have been released from prison. If the new offenses are consecutive with each other, the principal and subordinate terms shall be calculated as provided in subdivision (a). This subdivision shall be applicable in cases of convictions of more than one offense in the same or different proceedings.

(d)(1)When the court imposes a sentence for a felony pursuant to Section 1170 or subdivision (b) of Section 1168, the court shall also impose, in addition and consecutive to the offense of which the person has been convicted, the additional terms provided for any applicable enhancements. If an enhancement is punishable by one of three terms, the court shall, in its sound discretion, order imposition of a sentence not to exceed the middle term, except as otherwise provided in paragraph (2).

(2)The court may impose a sentence exceeding the middle term only when there are circumstances in aggravation that justify the imposition of a term of imprisonment exceeding the middle term, and the facts underlying those circumstances have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial.

(3)The court shall also impose any other additional term that the court determines in its discretion or as required by law shall run consecutive to the term imposed under Section 1170 or subdivision (b) of Section 1168. In considering the imposition of the additional term, the court shall apply the sentencing rules of the Judicial Council.

(e)All enhancements shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.

(f)When two or more enhancements may be imposed for being armed with or using a dangerous or deadly weapon or a firearm in the commission of a single offense, only the greatest of those enhancements shall be imposed for that offense. This subdivision shall not limit the imposition of any other enhancements applicable to that offense, including an enhancement for the infliction of great bodily injury.

(g)When two or more enhancements may be imposed for the infliction of great bodily injury on the same victim in the commission of a single offense, only the greatest of those enhancements shall be imposed for that offense. This subdivision shall not limit the imposition of any other enhancements applicable to that offense, including an enhancement for being armed with or using a dangerous or deadly weapon or a firearm.

(h)For any violation of an offense specified in Section 667.6, the number of enhancements that may be imposed shall not be limited, regardless of whether the enhancements are pursuant to this section, Section 667.6, or some other provision of law. Each of the enhancements shall be a full and separately served term.

Notes of Decisions
Cited in 196 cases (26 in the last 5 years), 1978–2026 · leading case: People v. Elder, 11 Cal. App. 5th 123 (Cal. Ct. App. 2017).
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People v. Elder, 11 Cal. App. 5th 123 (Cal. Ct. App. 2017). · cites it 5× “Penal Code Section 1170.1, Subdivision (g) The question we must answer to determine whether the amended text of Vehicle Code section 23558 allows for a multiple victim enhancement in addition to a separate great bodily injury enhancement is: What did the Legislature intend by…”
People v. Ahmed, 264 P.3d 822 (Cal. 2011). · cites it 4× “(Penal Code Section 1170.1(e)[.]) This `rule' does not apply to the following: [¶] .”
People v. Williamson, 90 Cal. App. 3d 164 (Cal. Ct. App. 1979). · cites it 7× “To analyze these contentions we start from these statutory premises: Penal Code section 1170.1, subdivision (a), provides the aggregate term of imprisonment is the sum of the principal term, the subordinate term, and any additional term imposed pursuant to Penal Code section 667.”
People v. Miller, 51 Cal. Rptr. 3d 421 (Cal. Ct. App. 2006). · cites it 7× “1 and therefore the judgment should be reversed and the matter remanded for resentencing. According to defendant, the trial court erred when the court sentenced him to the longer aggregate sentence of six years eight months based on the erroneous belief that Penal Code section…”
People v. Eric J., 601 P.2d 549 (Cal. 1979). · cites it 2× “" Penal Code section 1170.1, subdivision (a), provides: "Except as provided in subdivision (b) and subject to Section 654, when any person is convicted of two or more felonies, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment…”
Brown v. Superior Court of Sacramento Cnty., 371 P.3d 223 (Cal. 2016). · cites it 2× “, Pen. Code, § 1170.1, subd. (a).) Because the proposed constitutional provision does define “full term for the primary offense” (amended 9 measure, § 3, adding art.”
United States v. Sean Michael Grier, 475 F.3d 556 (3d Cir. 2007). “at 867 (citing Cal.Penal Code Ann. § 1170.1(e)). Following his conviction, Cunningham could have been sentenced to a lower term of six years, a middle term of 12 years, or an upper term of 16 years.”
People v. Anderson, 470 P.3d 2 (Cal. 2020). “” (Pen. Code, § 1170.1, subd. (e) (section 1170.”
People v. Jovan B., 863 P.2d 673 (Cal. 1993). · cites it 3× “) Among other things, Penal Code section 1170.1, subd. (a) directs how enhancements shall be included in the “aggregate term of imprisonment” of an adult offender sentenced to consecutive terms for multiple felonies.”
People v. McKenzie, 236 Cal. Rptr. 3d 533 (Cal. Ct. App. 5th 2018). · cites it 2× “(a) ["the aggregate term of imprisonment for all these convictions shall be the sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements for prior convictions, prior prison terms , and [Penal Code] Section 12022.”
In re Jenson, 233 Cal. Rptr. 3d 868 (Cal. Ct. App. 5th 2018). · cites it 2× “1, subdivision (c) -enacted in 1976 and amended many times since-provides, "In the case of any person convicted of one or more felonies committed while the person is confined in the state prison ... and the law either requires the terms to be served consecutively or the court…”
In re Mohammad, 501 P.3d 635 (Cal. 2022). · cites it 2× “” (Pen. Code, § 1170.1, subd. (a).) 4 In re MOHAMMAD Opinion of the Court by Cantil-Sakauye, C.”
Show all 196 citing cases →
Cal. Penal Code § 1170.1(a): 3 cases
Solomon Martin Ruiz v. Johnson (C.D. Cal. 2021).
Boulware v. Marshall, 621 F. Supp. 2d 882 (C.D. Cal. 2008).
Hudson v. Myers, 757 F. Supp. 1072 (N.D. Cal. 1991).
Cal. Penal Code § 1170.1(c): 1 case
Love v. Scribner, 691 F. Supp. 2d 1215 (S.D. Cal. 2010).
Cal. Penal Code § 1170.1(d): 2 cases
People v. Rodriguez, 160 Cal. App. 3d 207 (Cal. Ct. App. 1984).
Abeyta v. Giurbino, 607 F. Supp. 2d 1123 (C.D. Cal. 2009).
Cal. Penal Code § 1170.1(d)(1): 2 cases
James Lee Thomas III v. Gigi Matterson (C.D. Cal. 2024).
Troy James Agee v. George Jaime (C.D. Cal. 2020).
Cal. Penal Code § 1170.1(e): 3 cases
People v. Ahmed, 264 P.3d 822 (Cal. 2011). “(Penal Code Section 1170.1(e)[.]) This `rule' does not apply to the following: [¶] .”
United States v. Sean Michael Grier, 475 F.3d 556 (3d Cir. 2007). “at 867 (citing Cal.Penal Code Ann. § 1170.1(e)). Following his conviction, Cunningham could have been sentenced to a lower term of six years, a middle term of 12 years, or an upper term of 16 years.”
United States v. Grier (3d Cir. 2007).
Cal. Penal Code § 1170.1(f): 2 cases
Trevon Lee Davis v. James Robertson (C.D. Cal. 2020).
(HC) Brown v. Baughman (E.D. Cal. 2022).
Cal. Penal Code § 1170.1(g): 1 case
People v. Garcia, 211 Cal. App. 3d 1096 (Cal. Ct. App. 1989).
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