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


The following excerpt is from People v. Magallon, E069524 (Cal. App. 2019):

It is well established that a single prior conviction cannot support enhancement of a defendant's sentence under both section 667, subdivision (a) (serious prior felony) and section 667.5, subdivision (b) (prison prior). (People v. Jones (1993) 5 Cal.4th 1142, 1150-1153.) Where allegations under both enhancement provisions are found true based on a single underlying conviction, "the greatest enhancement, but only that one, will apply." (Id. at p. 1150.)

The parties dispute, however, what the trial court should do at sentencing where, as here, there is an enhancement finding that must go "unused." (People v. Lopez (2004) 119 Cal.App.4th 355, 364 (Lopez).) The People contend that the trial court properly imposed, but stayed, the prison prior enhancement based on the same underlying

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