California v. RoseberryAnnotate this Case
In June 2015, defendant William Roseberry began serving a five-year term in state prison for willfully inflicting corporal injury on a spouse or cohabitant. While serving that time, defendant brought a controlled substance into prison. In December 2015, for defendant’s in-prison offense and pursuant to Penal Code section 1170.1(c), a trial court imposed a three-year prison term consecutive to the five-year term defendant was already serving for the corporal injury offense. Appealing that second sentence, defendant contended the trial court: (1) contravened Penal Code section 1170.1 (c) because only one-third of the base term should have been imposed; and (2) erred by failing to pronounce a single determinate term of imprisonment, “treat[ing] this case as a stand-alone case, which it was not.” Finding no reversible error, the Court of Appeal affirmed defendant's sentence.