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 committed a new offense resulting in a felony conviction or was in prison custody. Defendant's sentence is vacated and remanded because evidence did not preclude application of the "washout" provision to two prior prison term enhancements.

Appellate Information

• Decided 01/14/2004
• Published 01/14/2004

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.