Does Section 1170.18 of the California Criminal Code apply to a defendant who has served time in prison for a previous criminal conviction?
California, United States of America
The following excerpt is from People v. Costa, C077851 (Cal. App. 2016):
The one-year prior prison term enhancement ( 667.5, subd. (b)) is "an enhancement available for 'any felony' if the felon served time in prison for 'any felony' and showed an inability to reform." (People v. Jones (1993) 5 Cal.4th 1142, 1150.) When defendant was sentenced in the current case, the prior conviction at issue was a felony and he had served a prison sentence for that conviction. Section 1170.18 does not alter that fact.
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