Is a defendant's sentence for assault reduced to a reduced sentence under section 667.5 of the California Penal Code?

California, United States of America


The following excerpt is from People v. France, 272 Cal.Rptr.3d 689, 58 Cal.App.5th 714 (Cal. App. 2020):

I would remand this case to the superior court with directions to strike from defendant's sentence the one-year enhancement imposed pursuant to section 667.5, subdivision (b) ; to permit the district attorney to elect whether to accept the reduced sentence or to withdraw from the plea agreement; to consider whether to approve the agreement if the prosecutor agrees to its modification; and otherwise to proceed in conformity with People v. Stamps, supra, 9 Cal.5th 685, 264 Cal.Rptr.3d 769, 467 P.3d 168.

Notes:

1 Undesignated statutory references are to the Penal Code.

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