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  1. #1
    Join Date
    Sep 2016
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    Default Is a Prison Enhancement Based Upon Time From Discharge from Prison or from Parole

    Under California's prison enhancement law, if a defendant has previously been sentenced to prison and has not remained free from custody for at least five years, if the defendant is convicted of a new non-violent felony the prison sentence is increased by one year. For violent felonies the prison sentence is increased by three years.

    Does the five year period start when the defendant is released from prison, even if he is subsequently on probation or parole, or does it start when the defendant is discharged from supervision?

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