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Legal Opinion

In Re Harris

California Supreme Court

Decided July 27, 1989No. S004862PublishedCited by 53 opinions

1Opinion of the Court

Opinion

MOSK, J.

Penal Code section 667 provides in relevant part that “any person convicted of a serious felony who previously has been convicted of a serious felony . . . shall receive, in addition to the sentence imposed by the court for the present offense, a five-year enhancement for each such prior conviction on charges brought and tried separately.”

In this case we are called on to determine whether the phrase “on charges brought and tried separately ” requires that the charges underlying the prior “serious felony” convictions must have been made in proceedings that were formally…

2Cases cited6 opinions

  1. People v. Lance W.California Supreme Court · 1985
  2. People v. WeidertCalifornia Supreme Court · 1985
  3. People v. EbnerCalifornia Supreme Court · 1966
  4. In Re HuffmanCalifornia Supreme Court · 1986
  5. People v. GreenwellCalifornia Court of Appeal · 1962

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

3Cited by53 opinions

  1. Hill v. National Collegiate Athletic Assn.California Supreme Court · 1994
  2. In Re HarrisCalifornia Supreme Court · 1993
  3. Horwich v. Superior CourtCalifornia Supreme Court · 1999
  4. People v. WileyCalifornia Supreme Court · 1995
  5. Professional Engineers v. Department of TransportationCalifornia Supreme Court · 1997

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

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