How have courts interpreted section 667.5 of the California Code of Civil Procedure when a defendant has an out-of-state conviction for a similar crime?

California, United States of America


The following excerpt is from McCarthy, In re, 173 Cal.App.3d 749, 219 Cal.Rptr. 288 (Cal. App. 1985):

The People here rely on People v. Hernandez, 100 Cal.App.3d 637, 643-645, 160 Cal.Rptr. 607, holding that section 667.5 does not deny the here claimed equal protection in that: "There are several legitimate state purposes which may have prompted the one-year requirement for out-of-state priors. Our Legislature may have wished to insure the seriousness of the particular crime for enhancement purposes. While other states might have the same elements of a particular offense as found in California, it might be that other states are more (or less) prone to send a convicted person to prison than is California. By requiring at least one or more years in prison, California has made certain that only a serious prior out-of-state felony conviction would be used to enhance a sentence. [p] Another possible reason is that California may have a greater interest in deterring criminals who have previously committed crimes in California than those persons who have committed crimes out of state."

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