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Name: People v. Williams
Case #: C036925
Opinion Date: 06/24/2002
Court: CA Court of Appeal
District 3 DCA
Citation: 99 Cal.App.4th 696

A true finding by the jury that the defendant suffered a prior serious felony conviction pursuant to Penal Code section 1170.12, subdivision (a) is sufficient to support imposition of an enhancement under section 667, subdivision (a), when both enhancements are based upon the same conviction. Thus, the enhancement under section 667, subdivision (a) could be imposed even though the jury failed to return a true finding on that allegation, despite respondent’s apparent concession otherwise.