Does a prior conviction under section 666.5, subdivision 667, subdivision (a) of the California Criminal Code apply to section 667.5?

California, United States of America


The following excerpt is from People v. Aufmann, D065293 (Cal. App. 2015):

It is not error to use the same prior conviction for purposes of sections 666.5, subdivision (a) and 667.5, subdivision (b). (People v. Garcia (2003) 107 Cal.App.4th 1159, 1165-1166.) Furthermore, there were three offenses underlying section 666.5, subdivision (a) in this case, none of which provided a basis for the 667, subdivision (a) enhancement. Although the basis for the 667, subdivision (a) enhancement was also the basis for one of the prison priors, there were three other cases underlying that prison prior. There was no improper dual use.

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