California, United States of America
The following excerpt is from People v. Medina, 206 Cal.App.3d 986, 254 Cal.Rptr. 89 (Cal. App. 1988):
The trial court here, however, did not use the same underlying facts to twice enhance the defendant's sentence in violation of section 654. Instead, the trial court enhanced the defendant's sentence for a serious prior felony pursuant to section 667 based upon one conviction of robbery. The section [206 Cal.App.3d 991] 667.5 enhancement was applied to a separate and distinct conviction of robbery based upon different facts. This does not violate the bar of section 654 against multiple punishments for the same criminal act. For this reason we decline to follow People v. James, supra, 170 Cal.App.3d 164, 167, 216 Cal.Rptr. 24.
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