What is the effect of habitual criminal law on a defendant's criminal record?

California, United States of America


The following excerpt is from People v. Ward, 13 Cal.App.4th 630, 16 Cal.Rptr.2d 864 (Cal. App. 1993):

The reason is obvious: "We see no reason why a first conviction under the habitual criminal law which increases the penalty for the felony conviction with which it is associated should be treated as wiping the slate clean and permitting the defendant to start over again as though he had never been [13 Cal.App.4th 1364] convicted of any felony. Where the very purpose of the habitual criminal act is to penalize the repetition of criminal conduct, we find nothing unfair, much less unconstitutional, in using the same criminal conviction as the basis for the increased punishment for a subsequent felony conviction." (State v. Losieau (1967) 182 Neb. 367, 154 N.W.2d 762, 763-764.) 14

Other Questions


What is the effect of section 27706(a) of the California Criminal Code on the appointment of a public defender to defend a defendant in an appeal from a misdemeanor conviction? (California, United States of America)
On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record? (California, United States of America)
Is there an undue "chilling effect" on the procedural rights of criminal defendants when the jury instructs a criminal defendant to testify before the jury that he will be cross-examined? (California, United States of America)
Does a defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)
What is the effect of section 1203.4(a)(1) of the California Criminal Code when a defendant's criminal record is expunited? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What is the effect of section 654 of the California Criminal Code on a defendant who suffers two separate criminal convictions? (California, United States of America)
Can a criminal defendant be punished more than once for the same criminal act or for a series of criminal acts? (California, United States of America)
What is the effect of section 654 of the California Criminal Code on a defendant who suffers two separate criminal convictions? (California, United States of America)
What is the effect of using section 654 rather than section 667.6 of the California Criminal Code when rejecting a defendant's claim that three criminal offences arose from the same incident? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.