California, United States of America
The following excerpt is from People v. Bennett, C067362 (Cal. App. 2013):
Section 273.5, subdivision (e) is an elevated sentencing scheme for repeat offenders. As such, the court properly increased defendant's sentence under that section and under section 667.5, subdivision (b). (People v. Demara (1995) 41 Cal.App.4th 448, 451-455.) Defendant's 2004 domestic violence conviction brought him within section 273.5, subdivision (e) sentencing provisions and would have done so whether or not he had been imprisoned for that conviction. The fact of imprisonment is a distinct factor supporting the enhancement under section 667.5, subdivision (b). (People v. Cressy (1996) 47 Cal.App.4th 981, 992.)
The judgment is affirmed.
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