Legal Opinion
In Re Kelly
California Supreme Court
Decided January 17, 1983No. Crim. 22054PublishedCited by 34 opinions
1Opinion of the Court
Opinion
BROUSSARD, J.
At issue in this case is the interpretation of Penal Code section 667.5, subdivision (g), 1 which defines “prior separate prison term” for the purpose of enhancing a sentence.
The facts in this case are fairly simple. Petitioner was first committed to state prison in 1958 for violation of section 211. He was paroled, but in 1962 was committed to prison on a second new offense, violation of section 12021, and had his parole revoked. He was again paroled, but in 1967 he was committed to prison on a third new offense, violation of section 12021, and had his parole revoked. He…
2Cases cited16 opinions
- Bodinson Manufacturing Co. v. California Employment CommissionCalifornia Supreme Court · 1941
- Judson Steel Corp. v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1978
- Rivera v. City of FresnoCalifornia Supreme Court · 1971
- People v. CruzCalifornia Supreme Court · 1974
- Mudd v. McColganCalifornia Supreme Court · 1947
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- In Re AtilesCalifornia Supreme Court · 1983
- People v. LangstonCalifornia Supreme Court · 2004
- California State Employees' Ass'n v. State Personnel BoardCalifornia Court of Appeal · 1986
- People v. HaysCalifornia Court of Appeal · 1983
- In Re PrestonCalifornia Court of Appeal · 2009
29 more not listed; retrieve them via the Exa API.