Does the "washout" rule apply?

California, United States of America


The following excerpt is from People v. Tingle, A153461 (Cal. App. 2019):

"According to the 'washout' rule, if a defendant is free from both prison custody and the commission of a new felony for any five-year period following discharge from custody or release on parole, the enhancement does not apply. [Citations.] Both prongs of the rule, lack of prison time and no commission of a crime leading to a felony conviction for a five-year period, are needed for the "washout" rule to apply. This means that for the prosecution to prevent application of the 'washout' rule, it must show a defendant either served time in prison or committed a crime leading to a felony conviction within the pertinent five-year period. [Citations.]" (People v. Fielder (2004) 114 Cal.App.4th 1221, 1229 (Fielder).)

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