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Name: People v. Jones
Case #: C075250
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/21/2015

Court may not impose two five-year enhancements (Pen. Code, § 667, subd. (a)(1)) for two prior serious felony convictions unless the priors were brought and tried separately from one another. A jury convicted Jones of a number of offenses including criminal threats. At sentencing, the court imposed two five-year prior serious felony conviction enhancements (Pen. Code, § 667, subd. (a)(1)) for his prior robbery and attempted robbery convictions. However, the court stayed one of the five-year enhancements under Penal Code section 654. On appeal, Jones argued that the trial court should have stricken one of the five-year enhancements altogether because he received both his prior serious felony convictions at the same trial. Held: Stayed enhancement vacated. Section 667 subdivision (a)(1) provides that “any person convicted of a serious felony who previously has been convicted of a serious felony . . . shall receive . . . a five-year enhancement for each such prior conviction on charges brought and tried separately.” Here, the Attorney General conceded that Jones’ prior serious felony convictions were not brought and tried separately, but argued that staying one of the enhancements pursuant to Penal Code section 654 complied with section 667, subdivision (a)(1). The Court of Appeal disagreed. “[T]he mere imposition of sentence for a prior conviction that was not brought and tried separately runs afoul of the statute, whether or not the sentence is executed.”