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This entry was published on 2021-04-23
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SECTION 70.35
Merger of certain definite and indeterminate or determinate sentences
Penal (PEN) CHAPTER 40, PART 2, TITLE E, ARTICLE 70
* § 70.35 Merger of certain definite and indeterminate or determinate

sentences.

The service of an indeterminate or determinate sentence of
imprisonment shall satisfy any definite sentence of imprisonment imposed
on a person for an offense committed prior to the time the indeterminate
or determinate sentence was imposed, except as provided in paragraph (b)
of subdivision five of section 70.25 of this article. A person who is
serving a definite sentence at the time an indeterminate or determinate
sentence is imposed shall be delivered to the custody of the state
department of corrections and community supervision to commence service
of the indeterminate or determinate sentence immediately unless the
person is serving a definite sentence pursuant to paragraph (b) of
subdivision five of section 70.25 of this article. In any case where the
indeterminate or determinate sentence is revoked or vacated, the person
shall receive credit against the definite sentence for each day spent in
the custody of the state department of corrections and community
supervision.

* NB Effective until September 1, 2023
* § 70.35 Merger of certain definite and indeterminate sentences.

The service of an indeterminate sentence of imprisonment shall satisfy
any definite sentence of imprisonment imposed on a person for an offense
committed prior to the time the indeterminate sentence was imposed,
except as provided in paragraph (b) of subdivision five of section 70.25
of this article. A person who is serving a definite sentence at the time
an indeterminate sentence is imposed shall be delivered to the custody
of the state department of corrections and community supervision to
commence service of the indeterminate sentence immediately unless the
person is serving a definite sentence pursuant to paragraph (b) of
subdivision five of section 70.25 of this article. In any case where the
indeterminate sentence is revoked or vacated, the person shall receive
credit against the definite sentence for each day spent in the custody
of the state department of corrections and community supervision.

* NB Effective September 1, 2023