Does Section 1170.18, subdivision (i) of the California Criminal Code apply to a defendant who has one or more prior convictions for aggravated mayhem?

California, United States of America

The following excerpt is from People v. Duggan, C079809 (Cal. App. 2019):

Section 1170.18, subdivision (i), provides in relevant part: "This section does not apply to a person who has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 . . . ." Among the specified offenses are any "attempted homicide offense," such as attempted murder, and "[a]ny serious and/or violent felony offense punishable in California by life imprisonment or death," such as aggravated mayhem. (See 667, subd. (e)(2)(C)(iv)(VIII), 205.)

^3. People v. High (2004) 119 Cal.App.4th 1192 (High).

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