Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667?
California, United States of America
The following excerpt is from People v. Webb, 35 Cal.App.4th 1828, 42 Cal.Rptr.2d 215 (Cal. App. 1995):
That brings us to the district attorney's more cogent contention: that section 667, by its terms, precludes invoking section 654 to stay--or de facto to strike--a prior conviction enhancement under section 667 by sentencing on the lesser crime. 7 Resolution of that contention requires an examination of our opinion in People v. Salazar (1987) 194 Cal.App.3d 634, 239 Cal.Rptr. 746.
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