California, United States of America
The following excerpt is from People v. Benson, 18 Cal.4th 24, 74 Cal.Rptr.2d 294, 954 P.2d 557 (Cal. 1998):
Against this historical backdrop, I consider the Three Strikes statute. The majority's interpretation means that we, the courts, were wrong the last 30 years in concluding that the stay procedure would protect defendants from having the stayed sentence used as a prior conviction. At the least, the Three Strikes statute should explicitly declare this result before we so conclude. In another case involving section 654, we stressed that "[a]s a general rule of statutory construction, of course, repeal by implication is disfavored. [Citation.] Such repeal is particularly disfavored when, as here, the statute allegedly repealed expresses a legal principle that has been a part of our penal jurisprudence for over a century." (People v. Siko (1988) 45 Cal.3d 820, 824, 248 Cal.Rptr. 110, 755 P.2d 294.) "[S]ection 654 ... is presumed to govern every case to which it applies by its terms--unless some other statute creates an express exception." (Ibid.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.