What is the effect of section 667.5(b) of the California Criminal Code on a defendant convicted of a charge of possession of a drug with intent to commit a criminal offence?

California, United States of America


The following excerpt is from People v. McCray, F063988 (Cal. App. 2013):

Under section 667.5(b), a defendant convicted of a felony is subject to a one-year enhancement "for each prior separate prison term" if the defendant does not remain free for five years of both prison custody and the commission of a new offense resulting in a felony conviction. ( 667.5(b), italics added.) As the parties agree, "only one [section 667.5(b)] enhancement is proper where concurrent sentences have been imposed in two or more prior felony cases. [Citations.]" (People v. Jones (1998) 63 Cal.App.4th 744, 747.) Therefore, as the parties also agree, because three of appellant's section 667.5

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