What is the analysis under section 1170.12, subdivision 654.12 of the Penal Code (a)(6) of the Criminal Code?

California, United States of America


The following excerpt is from People v. Jenkins, 104 Cal.Rptr.2d 77, 86 Cal.App.4th 699 (Cal. App. 2001):

Penal Code section 1170.12, subdivision (a)(6) provides with respect to a three strikes defendant: "If there is a current conviction for more than one felony count not committed on the same occasion, and not arising from the same set of operative facts, the court shall sentence the defendant consecutively on each count pursuant to this section." The analysis under Penal Code section 1170.12, subdivision (a)(6) is not coextensive with the analysis under Penal Code section 654. (People v. Deloza (1998) 18 Cal.4th 585, 591-595.) Nor are the words "same occasion" necessarily closely related to the words "separate occasion" found in Penal Code section 667.6, subdivision (d). (Id. at pp. 596-599.) Rather, the words "same occasion" have no "special or peculiar import different from their ordinary, generally understood meaning." (Id. at p. 594.) "The phrase 'committed on the same occasion' is commonly understood to refer to at least a close temporal and spatial proximity between two events, although it may involve other factors as well." (Ibid.) The phrase "same occasion" is the opposite of the phrase "different occasion." (Ibid.)

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