prison term violation (California) · Go Syfert
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prison term violation in California

5 California opinions name it 1 courts 1972–2015 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
People v. Gaygreen
calctapp · 1964 · cited in 2 California opinions naming this issue, 1972–1972
2 sentences

1972Code, § 245, subd. (a)) was amended from “Not exceeding ten years” to “for six months to life” (Italics added.) Since the determinants whether offenses are greater or lesser with respect to each other, are generally the prescribed maximum penalties (In re McGrew, 66 Cal.2d 685, 688-689 [ 58 Cal.Rptr. 561 , 427 P.2d 161 ]; People v. Gay, 230 Cal.App.2d 102, 104 [ 40 Cal.Rptr. 778 ]), it will be seen that assault with intent to commit murder is now, quite illogically, an offense lesser than either assault with intent to commit manslaughter or assault with a deadly weapon.

1972Code, § 245, subd. (a)) was amended from “Not exceeding ten years” to “for six months to life” (Italics added.) Since the determinants whether offenses are greater or lesser with respect to each other, are generally the prescribed maximum penalties (In re McGrew, 66 Cal.2d 685, 688-689 [ 58 Cal.Rptr. 561 , 427 P.2d 161 ]; People v. Gay, 230 Cal.App.2d 102, 104 [ 40 Cal.Rptr. 778 ]), it will be seen that assault with intent to commit murder is now, quite illogically, an offense lesser than either assault with intent to commit manslaughter or assault with a deadly weapon.

22
In Re McGrewgreen
cal · 1967 · cited in 2 California opinions naming this issue, 1972–1972
2 sentences

1972Code, § 245, subd. (a)) was amended from “Not exceeding ten years” to “for six months to life” (Italics added.) Since the determinants whether offenses are greater or lesser with respect to each other, are generally the prescribed maximum penalties (In re McGrew, 66 Cal.2d 685, 688-689 [ 58 Cal.Rptr. 561 , 427 P.2d 161 ]; People v. Gay, 230 Cal.App.2d 102, 104 [ 40 Cal.Rptr. 778 ]), it will be seen that assault with intent to commit murder is now, quite illogically, an offense lesser than either assault with intent to commit manslaughter or assault with a deadly weapon.

1972Code, § 245, subd. (a)) was amended from “Not exceeding ten years” to “for six months to life” (Italics added.) Since the determinants whether offenses are greater or lesser with respect to each other, are generally the prescribed maximum penalties (In re McGrew, 66 Cal.2d 685, 688-689 [ 58 Cal.Rptr. 561 , 427 P.2d 161 ]; People v. Gay, 230 Cal.App.2d 102, 104 [ 40 Cal.Rptr. 778 ]), it will be seen that assault with intent to commit murder is now, quite illogically, an offense lesser than either assault with intent to commit manslaughter or assault with a deadly weapon.

22
In Re Atilesred
cal · 1983 · cited in 1 California opinions naming this issue, 1987–1987
1 sentence

1987(Atiles, supra, 33 Cal.3d at p. 813.) An entirely new parole period will be imposed at the end of the new term.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Lopezgreen
calctapp · 1985 · cited in 2 California opinions naming this issue, 2014–2015
2 sentences

2015Thus, his admission that the prior convictions were valid cannot be construed as an admission of the allegations that he served prior, separate prison terms for each of those convictions." ( 163 Cal.App.3d at p. 951 .) We decline to follow Epperson or Lopez to the extent they are understood to require reversal of a section 667.5, subdivision (b) enhancement where, as here, the defendant's admission of a prior conviction does not include an express admission of the separate prison term element.

2014Thus, his admission that the prior convictions were valid cannot be construed as an admission of the allegations that he served prior, separate prison terms for each of those convictions." (People v. Lopez, supra, 163 Cal.App.3d at p. 951 .) To the extent Epperson and Lopez may be read to require per se reversal of a sentencing enhancement where the defendant admits a prior conviction but does not expressly admit having served a term in a penal institution for that conviction, we decline to follow them.

12

Where else courts name it

OH 78 (2002–2026) OR 6 (1993–2017) CA 5 (1972–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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