Does the Attorney General have any authority to strike a sentence based on a prior conviction?

California, United States of America


The following excerpt is from People v. Navarette, H042842 (Cal. App. 2017):

We accept the Attorney General's concessions. With respect to the 2007 robbery, a single prior conviction cannot be used as the basis for both a prior serious felony enhancement under section 667, subdivision (a), and a prior prison term enhancement under section 667.5, subdivision (b). (People v. Jones (1993) 5 Cal.4th 1142, 1150.) "[W]hen multiple statutory enhancement provisions are available for the same prior offense, one of which is a section 667 enhancement, the greatest enhancement, but only that one, will apply." (Ibid.) The court thereby erred by imposing the one-year term under section 667.5, subdivision (b), in addition to the five-year term for the 2007 robbery conviction. The one-year term based on the respective prison prior must be stricken. (Id. at p. 1153.)

With respect to the 2005 conviction, the trial court had the discretion to strike the term for the prison prior, but the court did not have authority to impose and then stay it. "Once the prior prison term is found true within the meaning of section 667.5(b), the trial court may not stay the one-year enhancement, which is mandatory unless stricken." (People v. Langston (2004) 33 Cal.4th 1237, 1241.)

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