Is a defendant required to have two prior convictions under section 667, subdivision (a) of the California Criminal Code under the three strikes law?

California, United States of America


The following excerpt is from People v. Powell, B225335 (Cal. App. 2011):

Once the trial court found defendant had suffered two prior convictions under section 667, subdivision (a), imposition of those enhancements was mandatory, even if one conviction had been stricken for purposes of the three strikes law. (People v. Askey (1996) 49 Cal.App.4th 381, 389 [trial court lacks discretion to stay or strike a five-year prior conviction under 667, subd. (a)].) The oral pronouncement of judgment on count 2 makes no reference to the two section 667, subdivision (a) prior convictions. The minute order is similarly silent on the subject.

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