Is a defendant who has served time in prison a more dangerous offender under section 667.5, subdivision (b) of the California Criminal Code under Proposition 47?

California, United States of America


The following excerpt is from People v. Shahmohamadian, B265982 (Cal. App. 2016):

Furthermore, section 667.5 enhancements arise from a defendant's status as a recidivist. (See generally People v. Gokey (1998) 62 Cal.App.4th 932, 936.) The purpose of a section 667.5, subdivision (b) enhancement is to punish individuals who have shown that they are hardened criminals who are undeterred by the fear of prison. (People v. Abdallah, supra, 246 Cal.App.4th at p. 742; In re Preston, supra, 176 Cal.App.4th at p. 1115.) A defendant who refuses to reform after serving time in prison is more dangerous than one who simply commits one of the minor theft or drug offenses affected by Proposition 47. There is no reason to assume or infer the electorate intended Proposition 47 to ameliorate punishment for such recidivists.

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