Is Section 666.5 of the California Criminal Code an enhancement or an elevated punishment scheme for recidivist car thieves who have a prior felony conviction for car theft?

California, United States of America


The following excerpt is from People v. Lee, 16 Cal.App.5th 861, 224 Cal.Rptr.3d 706 (Cal. App. 2017):

Section 666.5 is an alternate punishment scheme that prescribes an elevated sentencing triad for recidivist car thieves who have a prior felony conviction for car theft or related conduct.8 Section 666.5 does not define a new offense and it is not an enhancement; it simply increases the punishment for the crime. ( People v. Demara (1995) 41 Cal.App.4th 448, 452, 455, 48 Cal.Rptr.2d 682 [ 666.5 "imposes not an enhancement but a greater base

[16 Cal.App.5th 870]

term for certain recidivists"; it is an elevated or alternate sentencing scheme; hence, the same prior conviction may be used both to impose an elevated sentence under 666.5 and to enhance the sentence under 667.5]; People v. Young (1991) 234 Cal.App.3d 111, 113, 115, 285 Cal.Rptr. 583 [ 666.5 does not define a new offense].)

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