California, United States of America
The following excerpt is from People v. Lucas, G049915, G049918 (Cal. App. 2014):
been found (see People v. Sapp (2003) 31 Cal.4th 240, 259-260), there is no reason to conclude a firearm use enhancement requires the firearm to have been found.
6. Serious Felony Enhancements
Although a defendant may acquire multiple "strike" prior convictions in a single trial (People v. Superior Court (Arevalos) (1996) 41 Cal.App.4th 908, 915-916), the same is not true for five-year prior conviction enhancements pursuant to section 667, subdivision (a)(1). "[A]ny person convicted of a serious felony who previously has been convicted of a serious felony in this state . . . shall receive, in addition to the sentence imposed by the court for the present offense, a five-year enhancement for each such prior conviction on charges brought and tried separately." ( 667, subd. (a)(1), italics added.) According to the information, two of defendant's three alleged serious felony prior convictions occurred on October 15, 2002.
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