Does the court erred in imposing a life sentence with a determinate sentence for each serious felony conviction found to be true in this case?

California, United States of America


The following excerpt is from People v. Skeirik, 229 Cal.App.3d 444, 280 Cal.Rptr. 175 (Cal. App. 1991):

[229 Cal.App.3d 468] The court also erred in imposing a five year determinate sentence for each of the two prior serious felony convictions. Section 667, subdivision (a), provides a five year enhancement for each of the serious felony convictions found to be true in this case. Subdivision (b) of that section sets forth a limitation on the application of the enhancement. Subdivision (b) provides in part that "[t]his section shall not be applied when the punishment imposed under other provisions of law would result in a longer term of imprisonment." 22 As previously noted by this court in People v. Lobaugh (1987) 188 Cal.App.3d 780, 784, 233 Cal.Rptr. 683, section 667.7, subdivision (b), requires the court to determine whether the aggregate term to be imposed, including a section 667 enhancement, is longer than that resulting from other provisions of law. If it is then the 667 enhancement is applicable. Here, the life sentence provided for in section 667.7 constitutes an "other provision of law" which results in a longer term of imprisonment and will accordingly prevail over the section 667 enhancements.

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