Is there a difference between a conviction for robbery and assault for the same criminal case?

California, United States of America


The following excerpt is from People v. Smith, E061598 (Cal. App. 2016):

with case No. RIF110452the same case as the prior robbery and assault convictions. As a result, all three of the prior convictions alleged by the prosecution occurred within the same criminal case, case No. RIF110452. Because the convictions were all part of the same criminal case, they were not "brought and tried separately." Therefore, only one five-year prison term may be imposed for the convictions resulting from that single case. (See People v. Thomas (1990) 219 Cal.App.3d 134, 145-147 [cases are brought and tried separately when they are brought separately and not consolidated].) Thus, we conclude the trial court erred by imposing more than one five-year prison term for the prior serious felonies ( 667, subd. (a)(1)).

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