California, United States of America
The following excerpt is from People v. Day, H043232 (Cal. App. 2016):
defendant suffered new felony petty theft convictions under Penal Code section 666. Accordingly, he did not qualify for the prison prior washout exception because he had failed to "remain[] free of both the commission of an offense which results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170[.]" (Pen. Code, 667.5, subd. (b); People v. Fielder (2004) 114 Cal.App.4th 1221, 1229 ["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."].)
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