How has section 667.5(b) of the California Criminal Code been interpreted and interpreted by the courts?

California, United States of America


The following excerpt is from People v. Prather, 267 Cal.Rptr. 605, 50 Cal.3d 428, 787 P.2d 1012 (Cal. 1990):

We observed in Brosnahan v. Brown (1982) 32 Cal.3d 236, 247, 186 Cal.Rptr. 30, 651 P.2d 274, that the changes enacted pursuant to Proposition 8 were aimed, inter alia, "at achieving more severe punishment for, and more effective deterrence of, criminal acts. " (Italics added.) This general concern with increased punishment and effective deterrence was to be furthered in part by increasing the total period of imprisonment for recidivist offenders. The above conclusion is apparent not only from the voters' enactment of the "without limitation" language in article I, section 28, subdivision (f), but also from the initiative's simultaneous adoption of section 667, which imposes a mandatory five-year enhancement for each prior "serious felony" conviction. 7 Exempting section 667.5(b)

Page 610

Other Questions


How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
How has the court interpreted section 654 of the California Criminal Code, Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code when a defendant is convicted of a sex offence under both sections of the S. 654(1) and (2) of the Criminal Code? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
How has section 654 of the California Criminal Code been interpreted in the context of Section 654(1) of the Criminal Code? (California, United States of America)
How has section 654 of the California Criminal Code been interpreted and interpreted by courts? (California, United States of America)
Does section 987.8(b) of the California Criminal Code require a motion by the Court of Appeal to remand a case back to the trial court? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.