Legal Opinion
People v. Santana
California Court of Appeal
Decided June 9, 1986No. B007634PublishedCited by 19 opinions
1Opinion of the Court
Opinion
EAGLESON, J.
In this case, we hold that when the functional effect of a trial court’s order is to strike a Penal Code section 667, subdivision (a) 1 enhancement, even though the action is denominated a stay, the court must comply with section 1385. Moreover, a trial court cannot use a prior 667, subdivision (a) conviction as a factor in aggravation of a sentence.
Facts
Defendant was charged with burglary of a residence in violation of section 459. An amendment to the information further alleged that he came within the provisions of section 667, subdivision (a) because he had been…
2Cases cited20 opinions
- People v. BeamonCalifornia Supreme Court · 1973
- People v. OrinCalifornia Supreme Court · 1975
- People v. BurkeCalifornia Supreme Court · 1956
- People v. SageCalifornia Supreme Court · 1980
- People v. JacksonCalifornia Supreme Court · 1985
15 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bruns v. E-Commerce Exchange, Inc.California Supreme Court · 2011
- People v. GarciaCalifornia Supreme Court · 1999
- People v. BradleyCalifornia Court of Appeal · 1998
- People v. WoodsCalifornia Court of Appeal · 2010
- People v. CattaneoCalifornia Court of Appeal · 1990
14 more not listed; retrieve them via the Exa API.