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CALIFORNIA CODES PENAL CODE SECTION 1170.12 1170.12. (a) Notwithstanding any other provision of law, if a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior felony convictions, as defined in subdivision (b), the court shall adhere to each of the following: (1) There shall not be an aggregate term limitation for purposes of consecutive sentencing for any subsequent felony conviction. (2) Probation for the current offense shall not be granted, nor shall execution or imposition of the sentence be suspended for any prior offense. (3) The length of time between the prior felony conviction and the current felony conviction shall not affect the imposition ofsentence. (4) There shall not be a commitment to any other facility other than the state prison. Diversion shall not be granted nor shall the defendant be eligible for commitment to the California Rehabilitation Center as provided in Article 2 (commencing with Section 3050) of Chapter 1 of Division 3 of the Welfare and Institutions Code. (5) The total amount of credits awarded pursuant to Article 2.5(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not exceed one-fifth of the total term of imprisonment imposed and shall not accrue until the defendant is physically placed in the state prison. (6) If there is a current conviction for more than one felony count not committed on the same occasion, and not arising from the same set of operative facts, the court shall sentence the defendant consecutively on each count pursuant to this section. (7) If there is a current conviction for more than one serious or violent felony as described in paragraph (6) of this subdivision, the court shall impose the sentence for each conviction consecutive to the sentence for any other conviction for which the defendant may be consecutively sentenced in the manner prescribed by law. (8) Any sentence imposed pursuant to this section will be imposed consecutive to any other sentence which the defendant is already serving, unless otherwise provided by law. (b) Notwithstanding any other provision of law and for the purposes of this section, a prior conviction of a felony shall be defined as: (1) Any offense defined in subdivision (c) of Section 667.5 as a violent felony or any offense defined in subdivision (c) of Section 1192.7 as a serious felony in this state. The determination ofwhether a prior conviction is a prior felony conviction for purposesof this section shall be made upon the date of that prior convictionand is not affected by the sentence imposed unless the sentence automatically, upon the initial sentencing, converts the felony to amisdemeanor. None of the following dispositions shall affect the determination that a prior conviction is a prior felony for purposes of this section: (A) The suspension of imposition of judgment or sentence. (B) The stay of execution of sentence. (C) The commitment to the State Department of Health Services as a mentally disordered sex offender following a conviction of a felony. (D) The commitment to the California Rehabilitation Center or any other facility whose function is rehabilitative diversion from the state prison. (2) A conviction in another jurisdiction for an offense that, if committed in California, is punishable by imprisonment in the state prison. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined in subdivision(c) of Section 667.5 or subdivision (c) of Section 1192.7. (3) A prior juvenile adjudication shall constitute a prior felony conviction for purposes of sentence enhancement if: (A) The juvenile was sixteen years of age or older at the time he or she committed the prior offense, and (B) The prior offense is (i) listed in subdivision (b) of Section 707 of the Welfare andInstitutions Code, or (ii) listed in this subdivision as a felony, and (C) The juvenile was found to be a fit and proper subject to be dealt with under the juvenile court law, and (D) The juvenile was adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Codebecause the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code. (c) For purposes of this section, and in addition to any other enhancements or punishment provisions which may apply, the followingshall apply where a defendant has a prior felony conviction: (1) If a defendant has one prior felony conviction that has beenpled and proved, the determinate term or minimum term for anindeterminate term shall be twice the term otherwise provided aspunishment for the current felony conviction. (2) (A) If a defendant has two or more prior felony convictions,as defined in paragraph (1) of subdivision (b), that have been pled and proved, the term for the current felony conviction shall be an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greater of (i) three times the term otherwise provided as punishment for each current felony conviction subsequent to the two or more prior felonyconvictions, or (ii) twenty-five years or (iii) the term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part2, or any period prescribed by Section 190 or 3046. (B) The indeterminate term described in subparagraph (A) of paragraph (2) of this subdivision shall be served consecutive to anyother term of imprisonment for which a consecutive term may beimposed by law. Any other term imposed subsequent to anyindeterminate term described in subparagraph (A) of paragraph (2) ofthis subdivision shall not be merged therein but shall commence atthe time the person would otherwise have been released from prison. (d) (1) Notwithstanding any other provision of law, this sectionshall be applied in every case in which a defendant has a priorfelony conviction as defined in this section. The prosecutingattorney shall plead and prove each prior felony conviction except asprovided in paragraph (2). (2) The prosecuting attorney may move to dismiss or strike a priorfelony conviction allegation in the furtherance of justice pursuantto Section 1385, or if there is insufficient evidence to prove theprior conviction. If upon the satisfaction of the court that thereis insufficient evidence to prove the prior felony conviction, thecourt may dismiss or strike the allegation. (e) Prior felony convictions shall not be used in plea bargaining,as defined in subdivision (b) of Section 1192.7. The prosecution shall plead and prove all known prior felony convictions and shallnot enter into any agreement to strike or seek the dismissal of any prior felony conviction allegation except as provided in paragraph(2) of subdivision (d).
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