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Name: People v. Fielder
Case #: B163262
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 01/14/2004
Subsequent History: Rev. den. 3/30/04

A prior prison term does not “wash out” under Penal Code section 667.5, subdivision (b), unless the defendant has both remained free of prison custody and remained free of new felony convictions within the five-year period. The issue here was whether the prosecution sufficiently proved that the prior prison terms had not washed out, where the five-year period included commitments to CRC but no new prison custody. The appellate court held that while appellant was free from prison custody because his commitments to CRC do not constitute prison terms, he did not remain free from committing new offenses that resulted in felony convictions.