What is the difference between section 28(f) of the California Constitution and section 667 of the Penal Code?
California, United States of America
The following excerpt is from People v. WhIGAm, 158 Cal.App.3d 1161, 205 Cal.Rptr. 227 (Cal. App. 1984):
When the voters approved Proposition 8 amending the California Constitution to include section 28(f), they also approved the addition of section [158 Cal.App.3d 1168] 667, subdivision (a) to the Penal Code. (See Brosnahan v. Brown (1982) 32 Cal.3d 236, 300, 186 Cal.Rptr. 30, 651 P.2d 274.) Upon examination, the provisions of those respective enactments are contradictory.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
What is the relevant case law in the context of Section 2(1) of the California Penal Code, and what is the case law relating to Section 4 of the Penal Code? (California, United States of America)
Does Penal Code section 490.2 of the California Penal Code constitute a grand theft offence? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
What is the difference between the wording of a special circumstance provision in the California Penal Code and the wording in section 189 of the Penal Code? (California, United States of America)
What is the facial constitutionality of the section 17556 (d) of California Government Code 17556, subdivision (d), section 726 of the California Tax Code, providing that a local authority has authority to levy fees on behalf of a third party? (California, United States of America)
How has section 490.2 of the California Penal Code been interpreted in the context of Section 487 of the Penal Code? (California, United States of America)
What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Does Section 26 of the Penal Code section 2600 of the California Penal Code apply? (California, United States of America)
