People v. Henderson

Summary

The court held that Proposition 36 did not eliminate a sentencing court’s discretion to impose concurrent terms for current serious or violent felonies committed on the same occasion or arising from the same set of operative facts. It further held that the aggregate term for qualifying felonies must run consecutively to the term for nonqualifying felonies. The Court of Appeal’s contrary judgment was reversed and the matter was remanded for a new sentencing hearing because the trial court appeared to believe it lacked concurrent-sentencing discretion.