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Name: People v. Langston
Case #: C037845
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/09/2003
Subsequent History: Rev. granted 6/25/03: S115998

Appellant was convicted of first degree burglary and receiving stolen property. The trial court found true three prior prison terms within the meaning of Penal Code section 667.5, subdivision (b), including a prior conviction for escape in violation of section 4530(b). The appellate court requested supplemental briefing on whether the prior prison term for escape constituted a separately served prison term within the meaning of section 667.5, subdivision (b), and then modified the judgment to strike that enhancement. The plain language of section 667.5, subdivision (g) provides that after a defendant is committed to state prison, additional sentences imposed in the same or subsequent proceedings are deemed to be part of the same prison term, including any reimprisonment after escape.