What is the effect of having a probation report that states that a convicted felon has served two separate sentences under section 667.5 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Martinez, B292537 (Cal. App. 2019):

Having found appellant's admission insufficient to warrant two enhancements under section 667.5, we decline his invitation to reduce his sentence by one year based on the probation report accompanying the record. While the probation report arguably suggests appellant may have served multiple sentences in a manner constituting only one prior separate prison term under section 667.5, this is unclear. Moreover, "[i]n determining the truth of a prior conviction allegation the trier of fact may look to the entire record of that conviction, but no further." (People v. Henley (1999) 72 Cal.App.4th 555, 564.) The probation report prepared for this case is not part of the record of conviction for the previous felonies.9

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