What is the difference between a term of imprisonment and an enhancement under section 667.7 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Petty, 37 Cal.App.4th 730, 44 Cal.Rptr.2d 34 (Cal. App. 1995):

A "term" or "base term" is the punishment prescribed for the underlying crime while an "enhancement" is " 'an additional term of imprisonment added to the base term.' " (People v. Hernandez (1988) 46 Cal.3d 194, 207, 249 Cal.Rptr. 850, 757 P.2d 1013; quoting Cal.Rules of Court, rule 405(c).) Although enhancements often focus on the criminal history of the defendant, not every statute which increases the punishment for recidivist conduct is an enhancement. For example, in People v. Skeirik (1991) 229 Cal.App.3d 444, 280 Cal.Rptr. 175 the court was called upon to construe section 667.7 which imposes an indeterminate life sentence for specified offenses where the defendant has suffered two or more prior convictions for the offenses. The court held the statute defined the penalty for the current offense, and was not an enhancement. "[The statute] speaks not of enhancement but of a separate term of imprisonment for recidivist conduct." (Id. at p. 466, 280 Cal.Rptr. 175.)

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