People v. Henderson
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The Supreme Court held that Proposition 36, the Three Strikes Reform Act of 2012, did not change the law and strip sentencing courts or their discretion to impose concurrent terms for felonies that were committed on the same occasion or arose from the same set of operative facts, even if the felonies qualified as serious or violent.
At issue was whether the Reform Act abrogated the rule in People v. Hendrix, 16 Cal.4th 508, 512 (Hendrix), that a court may impose concurrent sentences in cases falling under the "Three Strike" sentencing scheme. The Supreme Court held (1) following Proposition 36, the court retained its Hendrix concurrent sentencing discretion; and (2) the total sentence imposed for multiple counts of serious or violent felonies "must be ordered to run consecutively to the term imposed for offenses that do not qualify as serious or violent felonies." The Court therefore reversed the judgment of the court of appeals concluding that it lacked discretion to impose concurrent terms on multiple serious or violent felonies after passage of the Reform Act.
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