California, United States of America
The following excerpt is from People v. Bennett, C078348 (Cal. App. 2016):
On November 6, 2014, the district attorney filed its return, arguing defendant should be resentenced in light of the trial court's "fail[ure] to conduct the proper analysis under section 654(a) . . . ." The district attorney argued the section 667(a)(1) enhancement should be imposed on the sentence on attempted criminal threats (count II), which should not have been stayed, as that crime carries a longer sentence than the crime of false imprisonment (count IV), which should have been stayed. The district attorney also argued the trial court lacked discretion to stay a section 667(a)(1) enhancement that has been pleaded and proven. (People v. Jordan (2006) 141 Cal.App.4th 309, 319 (Jordan).)
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