What are the consequences of sentencing enhancements under section 667, subdivision 667.5, subdivision (a)(1) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Garrett, B239107 (Cal. App. 2012):

It is permissible to impose enhancements under both sections 667, subdivision (a)(1) and 667.5, subdivision (b), if the enhancements are based on multiple prior convictions that are part of one prison term. (See, e.g., People v. Ruiz (1996) 44 Cal.App.4th 1653, 1666-1671.) That is not the situation here. In this case, each prison term (in 1993 for attempted robbery and in 1998 for first degree burglary) was based on one serious felony (robbery and burglary). At sentencing, the trial court imposed two 5-year prior serious felony conviction enhancements pursuant to section 667, subdivision (a)(1).

Other Questions


Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
What are the consequences of section 245, subdivision (a)(1) of the California Criminal Code when it comes to section 2 and 3 of the Criminal Code? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
What is the difference between Section 667.5, subdivision (b) of the California Criminal Code and section 667, subdivision 5, of the Criminal Code? (California, United States of America)
How have sections 424, subdivision 1 and 425 of the California Criminal Code been interpreted in the context of Section 424(1) of the Criminal Code? (California, United States of America)
Can a defendant be punished under section 654 of the California Criminal Code for failing to comply with the requirements of Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
Does section 654 of the California Criminal Code apply to enhancements under section 288 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.