Does the word "conviction" mean a verdict or guilty plea for purposes of sentencing enhancements?
California, United States of America
The following excerpt is from People v. Adan, G051551 (Cal. App. 2016):
The language of Penal Code section 12022.1 is consistent with the general use of "conviction" to mean a verdict or guilty plea for purposes of sentencing enhancements. (See People v. Franklin (1997) 57 Cal.App.4th 68, 72-73 ["conviction" for purposes of "Three Strikes" law sentencing]; People v. Shirley (1993) 18 Cal.App.4th 40, 46-47 ["conviction" does not mean final judgment for purposes of Penal Code section 667].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Can a convicted felon who has completed his sentence for a conviction for a crime committed under Proposition 47, who would have been guilty of a misdemeanor under the same legislation, apply to have the conviction reduced to a misdemeanor? (California, United States of America)
Does the term "conviction" or "convicted" mean a verdict or guilty plea? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
What is the test for determining whether there is malice or malice aforethought for the purposes of sentence enhancement purposes? (California, United States of America)
Can a defendant who served a prior prison sentence for non-sexually violent crimes receive additional enhancements to his sentence under section 12022.6 of the California Criminal Code when his sentence is not yet final? (California, United States of America)
Does Section 654 of the California Criminal Code bar multiple convictions and sentences based on a single conviction and sentence for a single assault? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
Is a convicted domestic violence offender entitled to an enhanced sentence under section 273.5, subdivision (e) of the Criminal Code? (California, United States of America)
What is the appropriate sentence for a defendant who is convicted of attempted murder and has a firearm enhancement? (California, United States of America)
