Does section 654, 667 and 667.5, subdivision (b) of the Criminal Code apply to a repeat offender who has been convicted of the same prior felony conviction?

California, United States of America


The following excerpt is from People v. Cline, 11 Cal.Rptr.2d 424, 13 Cal.App.4th 1226 (Cal. App. 1992):

Neither the language nor policies of sections 654, 667 and 667.5 preclude the imposition of both enhancements based on the same prior felony conviction. Sections 667 and 667.5 serve different statutory purposes. "The purpose of section 667 is to punish repeat offenders regardless of whether they were imprisoned for their previous felony.... The purpose [18 Cal.App.4th 1605] of section 667.5, subdivision (b) is to impose a one-year enhancement to the offender's sentence for each separate term of imprisonment served as a continuous period of time by the offender.... [p] The policies of each section are distinct. The purpose of section 667 is to impose greater punishment upon recidivists who commit serious felonies. The purpose of section 667.5 is to impose additional punishment upon a felon whose prior prison term failed to deter him or her from future criminal conduct." (People v. Medina (1988) 206 Cal.App.3d 986, 990-991, 254 Cal.Rptr. 89; italics in original.)

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