Is a failure to stay an enhancement an improper punishment?
California, United States of America
The following excerpt is from People v. Johnson, F066878 (Cal. App. 2015):
38. "[F]ailure to stay an enhancement, where the base term to which it is added is stayed, and requiring that time be served only for the enhancement[,] has the [improper] effect of elevating the enhancement to the status of an offense. Enhancements are not offenses, they are punishments. [Citation.]" (People v. Guilford, supra, 151 Cal.App.3d at p. 412.)
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