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Name: People v. Johnson
Case #: A112502
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 12/14/2006

Under Penal Code section 805, the maximum punishment for an offense determines the relevant statute of limitations and the punishment is determined without regard to enhancements over the base term. For the offense of indecent exposure with a prior conviction for indecent exposure, the maximum punishment is imprisonment in the state prison – the prior conviction does not meet the narrow definition of an enhancement and is not to be disregarded in determining maximum punishment. Thus, appellant’s argument that since the underlying conduct for which he was convicted is a misdemeanor to which the misdemeanor statute of limitations applies, fails. Appellant was successful in arguing that because a prior separate prison term for the purposes of Penal Code section 667.5, subdivision (b) requires a continuous completed period of prison incarceration, he had not completed the prison term he was serving when he committed the instant indecent exposure.