California, United States of America
The following excerpt is from People v. Tenbrink, F076668 (Cal. App. 2019):
However, the trial court also stayed imposition of the punishment for the prior prison term enhancements. This constitutes an unauthorized sentence, as Penal Code section 667.5, subdivision (b) enhancements must be imposed or stricken; they may not be stayed. (People v. Langston (2004) 33 Cal.4th 1237, 1241; People v. Jones (1992) 8 Cal.App.4th 756, 758.)
The People argue that the matter must be remanded because the trial court must either impose or strike the Penal Code section 667.5, subdivision (b) enhancements and if it strikes the enhancements, the trial court must state its reasons for doing so. (People v. Jordan (2003) 108 Cal.App.4th 349, 368-369.) Although the trial court stated it was staying imposition of punishment on the prior prison term enhancements pursuant to
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Penal Code section 1385, this section provides for an enhancement to be stricken, not stayed.
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