Does Section 290 of the California Criminal Code require a separate prison term for a defendant who has served two separate felonies, false imprisonment and first degree burglary?
California, United States of America
The following excerpt is from People v. McClellan, 24 Cal.Rptr.2d 739, 6 Cal.4th 367, 862 P.2d 739 (Cal. 1993):
Because defendant had served separate prison terms for two prior felonies, false imprisonment and first degree burglary, the trial court did not err in imposing an enhancement pursuant to section 667, subdivision (a), for the prior burglary conviction, as well as an enhancement pursuant to section 667.5, subdivision (b), for service of the prior prison term on the charge of false imprisonment. (Cf. People v. Jones (1993) 5 Cal.4th 1142, 22 Cal.Rptr.2d 753, 857 P.2d 1163 [barring imposition of the prior prison term enhancement where it stemmed from the same conduct giving rise to the enhancement for the prior felony conviction].)
3 Section 290 provides in pertinent part:
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