Can a court increase the aggregate term of an indeterminate sentence under section 667, subdivision (a)(1) of the California Criminal Code to 5 years?

California, United States of America


The following excerpt is from People v. Price, D068238 (Cal. App. 2016):

Enhancements under section 667, subdivision (a)(1) may be added to either individual indeterminate sentences or the aggregate term of a determinate sentence. The statute does not authorize the trial court to do both. (People v. Sasser (2015) 61 Cal.4th 1, 12-13; People v. Williams (2004) 34 Cal.4th 397, 400, 402). Here, the trial court imposed a five-year serious felony enhancement for each indeterminate sentence (counts 1 through 4) and a fifth five-year serious felony enhancement to the aggregate total term. The record is clear that this fifth serious felony enhancement was not related to any

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