California Court of Appeal

In order for the prosecution to avoid application of the five-year "washout" provision of Penal Code section 667.5(b), it is only required to prove beyond a reasonable doubt that defendant either suffered new felony convictions or was in prison custody.

Appellate Information

• Decided 11/25/2003
• Published 11/25/2003

Judges

•  CHARLES S. VOGEL, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Maria Morrison, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, and Stephen A. McEwen and G. Tracey Letteau, Deputy Attorneys General, for Plaintiff and Respondent.