[Download] "People V. Benson" by California Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: People V. Benson
- Author : California Supreme Court
- Release Date : January 14, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
In 1994, the Legislature, and thereafter the electorate, enacted similar "Three Strikes" laws. (See Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) Under these provisions, a defendant who has one qualifying prior conviction, or "strike," may receive a lengthier sentence than would have been possible without that strike, and a defendant with two strikes may receive an even lengthier sentence. (See People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 504-506 (Romero).) In the present case, defendant has two prior felony convictions - (1) residential burglary, and (2) assault with intent to commit murder - sustained in one action and arising out of the same set of facts. The trial court in the earlier action imposed sentence for one of those convictions, but stayed the sentence on the other under Penal Code section 654, which prohibits multiple punishment under certain circumstances. (See generally People v. Latimer (1993) 5 Cal.4th 1203.) Each conviction individually would qualify as a strike. The question before us is whether defendant has one strike or two.