Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction?
California, United States of America
The following excerpt is from People v. Juarez, 21 Cal.App.4th 318, 26 Cal.Rptr.2d 697 (Cal. App. 1993):
In contrast, a defendant is punished under section 667, subdivision (a), because he was convicted of having committed a new serious felony offense after having suffered a prior serious felony conviction, thus becoming a recidivist offender. "But section 12022.1, by its express terms, simply does not prescribe a prior felony conviction enhancement." (People v. McClanahan (1992) 3 Cal.4th at 871, 12 Cal.Rptr.2d 719, 838 P.2d 241.)
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