Does section 667(a)(2) of the California Criminal Code apply to a defendant who has been convicted of a similar charge in the past?

California, United States of America


The following excerpt is from People v. Dotson, 16 Cal.4th 547, 66 Cal.Rptr.2d 423, 941 P.2d 56 (Cal. 1997):

We disagree. In People v. Jones (1993) 5 Cal.4th 1142, 22 Cal.Rptr.2d 753, 857 P.2d 1163, on which defendant relies, we construed the predecessor to section 667(a)(2) to mean, "when multiple statutory enhancement provisions are available for the same prior offense, one of which is a section 667[a] enhancement, the greatest enhancement, but only that one, will apply." (5 Cal.4th at p. 1150, 22 Cal.Rptr.2d 753, 857 P.2d 1163, italics added.)

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