Does a defendant have to serve at least two one year sentences under section 667.5 of the California Criminal Code for vandalism?

California, United States of America


The following excerpt is from People v. Barahona, B280067 (Cal. App. 2017):

3. Although defendant admitted serving three prior prison terms, the trial court imposed only two one-year sentences, stating that two priors had been admitted. Two of the convictionsdriving or taking a vehicle without consent (Veh. Code, 10851, subd. (a)) and vandalism ( 594)were suffered on the same date under separate case numbers. The imposition of two, rather than three prior prison terms appears correct, as section 667.5 "requires that, in order to qualify for the enhancement, the prior prison terms must have been served separately." (People v. Langston (2004) 33 Cal.4th 1237, 1241.)

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