Does a nickel prior imposed under section 667, subdivision (a) need to be vacated as to count 2?

California, United States of America


The following excerpt is from People v. White, E061932 (Cal. App. 2015):

Defendant contends, and the People agree, the trial court erred in imposing defendant's nickel prior on count 2, when the same nickel prior was also imposed on count 1. The nickel prior is defendant's prior serious felony strike conviction for attempted residential burglary in 2012. Status enhancements, such as the nickel prior imposed under section 667, subdivision (a), can be imposed only once to a determinate sentence. Therefore the trial court erred in imposing the nickel prior both to count 1 and count 2, and the five-year nickel prior must be vacated as to count 2. (People v. Sasser (2015) 61 Cal.4th 1, 16-17.)

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