Does Section 667, subdivision (c) of the California Criminal Code require a defendant to have been convicted of a felony for the purposes of applying?

California, United States of America


The following excerpt is from People v. Vessell, 36 Cal.App.4th 285, 42 Cal.Rptr.2d 241 (Cal. App. 1995):

Section 667, subdivision (c) clearly states that the defendant must have been convicted of a felony for 667 to apply, but does not contain within its terms a definition of the word "conviction." "As appears in the case law, the terms 'convicted' or 'conviction' do not have a uniform or unambiguous meaning in California. Sometimes they are used in a narrow sense signifying a verdict or guilty plea, some other times they are given a broader scope so as to include both the jury verdict (or guilty plea) and the judgment pronounced thereon. [Citations.]" (Boyll v. State Personnel Board (1983) 146 Cal.App.3d 1070, 1073, 194 Cal.Rptr. 717, original italics.)

Other Questions


Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
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)
Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
Does section 12022.5, subdivision (a) of the California Penal Code, section 120 22.5(1) of Section 1385(2) apply to a defendant who personally uses a firearm in the commission of a felony or attempted felony? (California, United States of America)
Does Section 12022.7, subdivision (a) of the California Criminal Code apply to a defendant who was convicted of grievous bodily harm for the purposes of a criminal street gang? (California, United States of America)
How does Section 667.5, subdivision (a) of the California Criminal Code apply against a defendant who is convicted of a serious prior felony? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
What are the requirements of section 1170.95, subdivision (c) of the California Criminal Code for a jury to convict a defendant of first degree murder under the Felony Murder theory? (California, United States of America)
Does a defendant have a prior criminal conviction that qualifies as a "misdemeanor for all purposes" under section 1170.18, subdivision (k) of the California Criminal Code? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(A)(A) of the California Criminal Code apply to a defendant who is convicted of a charge of a violent crime committed for the benefit of, at the direction of or in association with a criminal street gang? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.