Legal Question in Criminal Law in California
What would constitute a prison prior. My husband has only been to prison twice for his charges but is being charged with multiple prison priors
Asked on 2/28/11, 8:47 am
1 Answer from Attorneys
Joe Dane
Law Office of Joe Dane
Under 667.5(b), a prison prior is for a case where the defendant did not remain free from custody for 5 years before the new offense. It is one 667.5 for each trip to prison, not per case. If 2 cases resolved together with one prison sentence, one 667.5. It is also one per case, so if there was a prison sentence and a subsequent parole violation, that's one 667.5, not 2.
His attorney is going to have to review the rap sheet and records to sort this out.
Answered on 2/28/11, 11:06 am
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