People v. Forbes
People v. Forbes
Opinion of the Court
Brian Ray Forbes was convicted by a jury of robbery (Pen. Code,
I
II
Forbes contends the decision to order the 14-year, 8-month sentence to be served consecutively to the Florida sentence was not based on “relevant criteria.” Rule 409 of the California Rules of Court provides that relevant criteria enumerated in these rules shall be considered by the sentencing judge and shall be deemed to have been considered unless the record affirmatively reflects otherwise. Forbes in effect argues that the record does affirmatively reflect otherwise in that the decision of the trial court to make the California sentence consecutive to the Florida sentence was an afterthought of the court after the prosecutor raised the issue and was based on “a lack of assurance” as to the time he would actually serve in Florida. It is true that the trial court observed: “We don’t know. We don’t know. I
Only one aggravating factor is needed to support the imposition of consecutive sentences. (People v. Bishop (1984) 158 Cal.App.3d 373, 382-383 [204 Cal.Rptr. 502].) The court noted that the California and Florida crimes were separate crimes, invoking California Rule of Court, rule 425(a)(2), and then also stated the court’s desire to have the appellant serve his full sentence for the California crimes in the prisons of California. Both were valid reasons to support the consecutive-sentence choice. The court did not err. Forbes inferentially argues he was taken by surprise by the court’s consideration. This argument does not succeed. He requested both in writing and in oral argument before the court that the California and Florida sentences be made concurrent to each other and he was well aware of the issues to be considered by the court.
Finally, Forbes argues the consecutive sentence was contrary to law in that the court would be required to return Forbes to Florida to serve the Florida sentence first. Forbes relies on California Rules of Court, rule 451(b), which states in part: “When a defendant is sentenced under section 1170 and the sentence is to run consecutively to a sentence imposed by . . . another state . . . , the judgment shall . . . order that the determinate term shall be served commencing upon the completion of the sentence imposed by the other jurisdiction.”
Forbes relies on People v. Veasey, supra, 98 Cal.App.3d 779, in support of his argument that his consecutive sentence in California can only be imposed if he will be returned to Florida first to serve the prior sentence. People v. Veasey dealt with a defendant being sentenced in a California court who was also subject to a federal term ordered fully executed after the California judgment was pronounced. (See § 669.) That case required that if the federal term had not yet been served, the defendant should be ordered transferred to federal custody to complete the term before the state term would be recommenced. Veasey did not involve an escapee from prison confinement in another state, a category of defendant with respect to whom specific statutory provisions for extradition or transfer apply. (§§ 1548.2, 1551, 1553.1, 1389.) Those specific provisions, when brought into play, expressly permit holding the defendant “until he or she has . . . served his or her sentence in this state.” (§ 1553.1, subd. (a).) Neither Veasey nor California Rules of Court, rule 451(b), deals with such an escapee situation or requires a result contravening specific statutory authority to hold the defendant until completion of the California sentence, Forbes’ argument that he cannot be ordered to serve a consecutive sentence without first being returned to Florida is without merit. The effect of the order for the consecutive nature of the sentence may be that Forbes would get no credit on one sentence for time served on the other but that would depend on Florida adjudication of the issue. (See People v. Superior Court (Lopez), supra, 130 Cal.App.3d 776, 787.) Here, with no record of any request by Florida or Forbes to have Forbes transported to Florida, the California court would have no power to make or enforce such an order or to have any control over the serving of the Florida sentence. Further, Florida proceedings are necessary to resolve the question of credit. (See, e.g., §§ 1555.1, 1389.)
III, IV
The judgment is affirmed.
Wiener, Acting P. J., and Butler, J., concurred.
Appellant’s petition for review by the Supreme Court was denied October 16, 1986.
All statutory references are to the Penal Code unless otherwise specified.
See footnote, page 676, ante.
See footnote, page 676, ante.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.