When a sentencing judge accumulates a minimum term upon a pre-existing sentence and finds special circumstances, the effective total minimum term (including the pre-existing term) must be considered in assessing whether the ratio between the additional term and the minimum term properly reflects the finding of special circumstances. A ratio of 33.9% was held insufficient to reflect the stated aim of special circumstances.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.