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Name: People v. Fielder
Case #: B163262
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 11/24/2003
Subsequent History: Opn. vacated and re-issued on 1/14/04

In order for the prosecution to avoid application of the five-year “washout” provision of Penal Code section 667.5, subdivision (b), it is required that the People prove beyond a reasonable doubt that appellant either suffered new felony convictions or was in prison custody.