What is the appropriate sentence for a defendant who has been convicted of a serious felony under section 667, subdivision (a)(1) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Ayon, 46 Cal.App.4th 385, 53 Cal.Rptr.2d 853 (Cal. App. 1996):

Where a person has been convicted of a serious felony in the current case, and it has been alleged and proved the person suffered a prior serious felony conviction within the meaning of section 667, subdivision (a)(1), the trial court must impose a consecutive five-year term for each such prior conviction that has been brought and tried separately. The trial court has no discretion in the matter; the imposition of such a term is mandatory. (People v. Valencia (1989) 207 Cal.App.3d at p. 1045, 255 Cal.Rptr. 180.)

Other Questions


Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
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)
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)
Is a defendant's sentence for a prior conviction of a serious felony reduced to a misdemeanor under section 17, subdivision (b)(3) of the California Criminal Code? (California, United States of America)
Is a defendant's sentence for a prior conviction of a serious felony reduced to a misdemeanor under section 17, subdivision (b)(3) of the California Criminal Code? (California, United States of America)
Is a serious felony conviction described by section 1192.7, subdivision 23 of the California Criminal Code a "serious felony" and arising out of a crime committed before the effective date of Proposition 8? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Is a defendant's sentence for a prior conviction of a serious felony reduced to a misdemeanor under section 17, subdivision (b)(3) of the California Criminal Code? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.