Does section 667, subdivision (a) of the three strikes law apply to a defendant who has two prior convictions?

California, United States of America


The following excerpt is from People v. Superior Court (Arevalos), 41 Cal.App.4th 908, 48 Cal.Rptr.2d 833 (Cal. App. 1996):

We conclude that the brought and tried separately phrase in section 667, subdivision (a) does not control the remaining subdivisions of the statute [41 Cal.App.4th 916] comprising the three strikes law. The fact that Arevalos's prior convictions were adjudicated in a single proceeding does not mean that they constitute one prior conviction; two strikes can arise from one case. "This interpretation comports with the express legislative intent stated for the enactment of the new 'three strikes' law since the inclusion of all [qualifying prior convictions, whether brought and tried separately or not,] will help ensure 'longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of serious and/or violent felony offenses.' ( 667, subd. (b).)" (People v. Brady, supra, 34 Cal.App.4th at p. 71, 40 Cal.Rptr.2d 207.)

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