Department of Corrections and Rehabilitation - Operations Manual

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Chapter 7 – Adult Case Records Information

Article 12 – Time Computations

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73030.7.11 Enhancement‑Prior Felony Convictions (Habitual Criminal)

  • Pursuant to PCPenal Code 667(a), any person convicted of a serious felony who has previously been convicted of a serious felony (as listed in PCPenal Code 1192.7(c)) in this state, or of any offense committed in another jurisdiction which includes all the elements of any serious felony shall receive a five year enhancement for each such prior conviction on charges brought and tried separately.

  • There is no requirement of prior incarceration or commitment for a prior felony conviction (PFC).

  • PCPenal Code 1385(b) prohibits a judge from striking any prior conviction of a serious felony for purposes of enhancement of a sentence under PCPenal Code 667 for any sentence for crimes committed on or after May 6, 1986. This was added to the PCPenal Code in 1986 which abrogates the holding in People v. Fritz.

  • There is no limit on the number of PFCs imposed under PCPenal Code 667(a).