California Court of Appeal

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People v. Frutoz, 069140

In a case in which defendant had two or more prior serious and/or violent felony convictions that were pled and proved, and his current offense was neither a serious nor a violent felony but the prosecution proved that during the commission of the current offense defendant was armed with a firearm and as a result, defendant was sentenced to an indeterminate term of life imprisonment, the sentence is affirmed over defendant's claim that the prosecutor may not plead and prove an allegation under Pen. Code section 1170.12(c)(2)(C)(iii), where the People appropriately pled and proved the clause (iii) factor as to the charge of felon in possession of a firearm.

Appellate Information

  • Decided
  • Published 2017/02/06




  • California Court of Appeal


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