Legal Opinion

People v. Hurley

California Court of Appeal

Decided July 7, 1983No. Crim. 5989PublishedCited by 22 opinions

1Opinion of the Court

Opinion

THE COURT. *

Appellant was convicted after jury trial of receiving stolen property (Pen. Code, § 496). He admitted having served a prior prison term (Pen. Code, § 667.5, subd. (b)) based on two robbery convictions. 2 The sentencing judge refused to institute narcotic addict commitment proceedings (Welf. & Inst. Code, § 3051) and sentenced appellant to the three-year upper base term plus the one-year prior prison term enhancement.

I: CRC *

II: Dual Use of Facts

The judge gave these reasons for the upper base term: “Considering the fact that the two prior felonies for robbery, the balance of…

2Cases cited13 opinions

  1. People v. EdwardsCalifornia Supreme Court · 1976
  2. People v. BejaranoCalifornia Court of Appeal · 1981
  3. People v. PinonCalifornia Court of Appeal · 1979
  4. People v. WilksCalifornia Supreme Court · 1978
  5. People v. GainesCalifornia Court of Appeal · 1980

8 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Central Pathology Service Medical Clinic, Inc. v. Superior CourtCalifornia Supreme Court · 1992
  2. People v. PratherCalifornia Supreme Court · 1990
  3. People v. HopkinsCalifornia Court of Appeal · 1985
  4. People v. JeromeCalifornia Court of Appeal · 1984
  5. People v. JacksonCalifornia Court of Appeal · 1987

17 more not listed; retrieve them via the Exa API.

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