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Legal Opinion

People v. Rojas

California Court of Appeal

Decided December 16, 1988No. B027817PublishedCited by 19 opinions

1Opinion of the Court

Opinion

STONE (S. J.), P. J.

May a sentencing court impose a five-year enhancement, pursuant to Penal Code section 667, subdivision (a), for a prior conviction occurring after commission of the crime for which the defendant is presently being sentenced? We hold it may not.

Jose Antonio Rojas and a codefendant were charged in a one-count information with committing a residential burglary July 23, 1986. (Pen. Code, § 459.) In addition, appellant was arrested for a rape committed July 21, 1986, and went to trial on that charge while proceedings were pending on the burglary. Appellant was convicted…

2Cases cited17 opinions

  1. People v. BalderasCalifornia Supreme Court · 1985
  2. People v. WoodheadCalifornia Supreme Court · 1987
  3. People v. OverstreetCalifornia Supreme Court · 1986
  4. People v. CaudilloCalifornia Supreme Court · 1978
  5. People v. WeidertCalifornia Supreme Court · 1985

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

3Cited by19 opinions

  1. Gargliano v. StateCourt of Appeals of Maryland · 1994
  2. People v. RobinsonCalifornia Supreme Court · 2010
  3. People v. CraigCalifornia Court of Appeal · 1998
  4. People v. GonzalesCalifornia Court of Appeal · 1990
  5. In Re NicklesCalifornia Court of Appeal · 1991

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

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