Other Criminal Charges & Offenses Penal code 667.5 b ×8

Reyne Gonzales

New Member
Jurisdiction
California
My brother in law was picked up on a warrent that the district attorney filed from an incident that happen when he was jaile . He went to court and they added a new charge. 667. B ×8. I would like to know why is there a ×8. Does that mean he is facing 8years for that one charge?
 
It likely means that it's 8 counts. Now, the section (PC 667.5(b)) relates to sentencing, so it may be that he has to go back and face sentencing on prior cases ...

(b) Except where subdivision (a) applies, where the new offense is
any felony for which a prison sentence or a sentence of imprisonment
in a county jail under subdivision (h) of Section 1170 is imposed or
is not suspended, in addition and consecutive to any other sentence
therefor, the court shall impose a one-year term for each prior
separate prison term or county jail term imposed under subdivision
(h) of Section 1170 or when sentence is not suspended for any felony;
provided that no additional term shall be imposed under this
subdivision for any prison term or county jail term imposed under
subdivision (h) of Section 1170 or when sentence is not suspended
prior to a period of five years in which the defendant remained free
of both the commission of an offense which results in a felony
conviction, and prison custody or the imposition of a term of jail
custody imposed under subdivision (h) of Section 1170 or any felony
sentence that is not suspended. A term imposed under the provisions
of paragraph (5) of subdivision (h) of Section 1170, wherein a
portion of the term is suspended by the court to allow mandatory
supervision, shall qualify as a prior county jail term for the
purposes of the one-year enhancement.
He can ask his attorney what the charges specifically mean for him in his particular situation.
 
My brother in law was picked up on a warrent that the district attorney filed from an incident that happen when he was jaile . He went to court and they added a new charge. 667. B ×8. I would like to know why is there a ×8. Does that mean he is facing 8years for that one charge?


I'm not sure you are stating the applicable PC section correctly.

It might involve this one:

Department of Corrections and Rehabilitation

It could be here:

http://achieve.lausd.net/cms/lib08/CA01000043/Centricity/Domain/133/Risk Finance and Insurance/CALIFORNIA PENAL CODE 667 5.pdf


I think this is what you're looking for. It is also extremely serious, and I suggest you refuse to discuss ANY aspect of his case(s). He wants to talk, but talking can only cause him MORE harm.

Whatever you do, discuss this ONLY in the privacy of your home, and don't do it while anyone else is around. The world is full of cheese easting, rat snitches.

California has several sentencing enhancements for the commission of any prior or past crimes. Here are some of the most common.

A current conviction for a "serious" felony gets a 5-year enhancement if the defendant
has a prior serious-felony conviction. (PC 667(a).)


Also, a 3-year enhancement applies to "violent" felonies if the defendant served time in prison for a prior violent felony. (PC667.5(a).)

:rolleyes::rolleyes: Additionally, a 1-year enhancement applies to any felony if the defendant served time in prison for a prior felony. (PC 667.5(b).) :cool::cool:
^^^^^^^^^^^^^^^^^^^^^^^^^^^^

This is your section. It appears your BIL is facing eight additional counts (charges) on his current warrants for what seems like 8 additional incidents in which he is now charged, which if he's convicted, could result in 8 additional years being added on to his ultimate sentence.



Not to worry, advise your BIL to discuss this with his public defender or private mouthpiece.
 
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