Does section 667, subdivision (a)(1) of the California Criminal Code apply to the charge of felon in possession of a firearm?

California, United States of America


The following excerpt is from People v. Gutierrez, B251621 (Cal. App. 2014):

7. The information also alleged the prior serious felony enhancement of section 667, subdivision (a)(1), but that enhancement does not apply to the offense of felon in possession of a firearm, as it is not a serious felony. (See People v. Prieto (2003) 30 Cal.4th 226, 276.)

Other Questions


Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
How does section 654 of the California Criminal Code apply to a firearm possession charge where all the ammunition is loaded into the firearm? (California, United States of America)
Does section 654 of the California Criminal Code prohibit multiple punishment for possession of a firearm by a convicted felon and possession of ammunition by a felon? (California, United States of America)
Does the fact that a defendant is a convicted felon in possession of a firearm in violation of section 12021, subdivision (a)(1) of the California Criminal Code apply? (California, United States of America)
Does Section 12021, subdivision (a) of the California Criminal Code apply to the possession of a firearm by a convicted felon? (California, United States of America)
Can a convicted felon who is in possession of a firearm for a short period of time, but who has not been convicted of a criminal offence under section 12021 of the California Penal Code, can he continue to possess the firearm? (California, United States of America)
Is a defendant who failed to argue that section 654 of the California Criminal Code applies to his possession of a firearm by the firearm by felon convicted of a similar offence under the same law? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a charge of membership of a criminal street gang? (California, United States of America)
Is section 1170.18, subdivision (k) of the California Criminal Code applicable to the possession of firearms by felons? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.