Does a defendant have to serve two separate sentences for assault under section 667, subdivision 667 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Cordova, C084661 (Cal. App. 2020):

Section 667, subdivision (c)(6) provides that notwithstanding any other law, if a defendant has been convicted of a felony and it has been pleaded and proved that the defendant has one or more prior serious or violent felony convictions as defined in section 667, subdivision (d), the trial court must sentence the defendant consecutively on each count pursuant to section 667, subdivision (e) if there is a current conviction for more than one felony count not committed on the same occasion and not arising from the same set of operative facts. Conversely, "consecutive sentences are not mandated under subdivision (c)(6) . . . if all of the current felony convictions are either 'committed on the same occasion' or 'aris[e] from the same set of operative facts.' " (People v. Lawrence (2000) 24 Cal.4th 219, 223.)

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