California, United States of America
The following excerpt is from People v. Flores, 277 Cal.Rptr.3d 698, 63 Cal.App.5th 368 (Cal. App. 2021):
The problem with the People's argument is it equates strike convictions with prior serious felony enhancements, which are distinct concepts with different sentencing consequences. A prior serious felony enhancement functions to add an additional term of punishment to a defendant's sentence. Prior strike convictions, in contrast, trigger application of the Three Strikes law, which is not an enhancement but rather an alternate penalty provision. "The Three Strikes law is a penalty provision, not an enhancement. It ... does not add an additional term of imprisonment to the base term. Instead, it provides for an alternate sentence ... when it is proven that the defendant has suffered at least two prior serious felony convictions." ( People v. Williams (2014) 227 Cal.App.4th 733, 744, 174 Cal.Rptr.3d 210.)
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