Does a new enhancement pursuant to section 667.5, subdivision (b) of the California Criminal Code apply to a defendant where the prior sentence was for a crime committed after the crime was committed?

California, United States of America


The following excerpt is from People v. Rojas, 206 Cal.App.3d 795, 253 Cal.Rptr. 786 (Cal. App. 1988):

In People v. Shivers (1986) 181 Cal.App.3d 847, 226 Cal.Rptr. 293, the appellate court held that an enhancement pursuant to section 667.5, subdivision (b), could not be imposed where the prior prison term was for a crime committed after the commission of the crimes for which defendant is presently being sentenced. Section 667.5 imposed a one-year term for each prior separate prison term served for a felony where the new offense is any felony for which a prison sentence is imposed. Shivers held that while 667.5 was silent on whether the prior prison term must be for an offense which occurred prior to the new offense, the purpose of deterring recidivism would not be effectuated by enhancing the penalty for a present crime by an offense not yet committed. (Id., at p. 850, 226 Cal.Rptr. 293.)

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