What are the implications of section 667, subdivision (a)(1) of the Criminal Code when a defendant is convicted of two serious felons?

California, United States of America


The following excerpt is from People v. Brown, C070909 (Cal. App. 2013):

First, the abstract indicates there were two enhancements imposed pursuant to section 667, subdivision (a)(1). Defendant made no admissions pursuant to section 667, subdivision (a)(1) in case No. 11-1658 and he admitted only to being previously convicted of one serious felony in case No. 11-733, though that same enhancement was appended to counts 6 and 10. Accordingly, the second enhancement, which is identified as "stayed," should be removed from the abstract. (People v. Tassell (1984) 36 Cal.3d 77, 90, overruled on another ground in People v. Williams (2004) 34 Cal.4th 397, 400 [enhancements for prior convictions do not attach to individual counts].)

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