When is Enhanced Sentence Proper Under PC 647.6(c)(2)?

Penal Code § 647.6(c)(2) prohibits annoying or molesting a child under 18. In sentencing someone under this section, the presumed sentence is a minimum prison term or 16 month, a mid-term sentence of two years and a high-term sentence of three years unless the individual has certain a prior conviction that allow a low term sentence of two years, a mid-term sentence of four years and a maximum sentence of six years. In the case summarize below, the defendant did have such a prior conviction, permitting the trial court to sentence defendant to four years, which defendant appealed, arguing that the statute was misinterpreted by the judge. The summary thus serves as a good tutorial on how and when an enhanced sentence is allowed. To read more about the appeal, please click on the following link – https://www.greghillassociates.com/when-is-enhanced-sentence-proper-under-pc-647-6-c-2.html

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