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PEOPLE v. LANGSTON

No. S115998.

17 Cal.Rptr.3d 596 (2004)

95 P.3d 865

33 Cal.4th 1237

The PEOPLE, Plaintiff and Respondent, v. Walter Shane LANGSTON, Defendant and Appellant.

Supreme Court of California.

August 16, 2004.

Attorney(s) appearing for the Case

Robert D. McGhie, under appointment by the Supreme Court, Chico, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Janis Shank McClean, Brian R. Means, Janet E. Neeley and Sharon E. Loughner, Deputy Attorneys General, for Plaintiff and Respondent.

Jan Scully, District Attorney (Sacramento), Albert C. Locher, Assistant Chief Deputy District Attorney; George M. Palmer, Head Deputy District Attorney (Los Angeles); and David R. LaBahn for California District Attorney's Association as Amicus Curiae on behalf of Plaintiff and Respondent.

CHIN, J.

In this sentencing case, we resolve a conflict that has arisen among the Courts of Appeal regarding the proper interpretation of Penal Code section 667.5, subdivision (b) (hereafter section 667.5(b)), imposing (with exceptions not pertinent here) a consecutive one-year enhancement of the term imposed for conviction of a felony offense "for each prior separate prison term served for any felony." (All further undesignated statutory references are to the Penal...

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