Is Sentence Enhanced for Prior Hate Crime Conviction?

Yes is the answer to the question posed in the title to this blog entry, if one commits a hate crime and has previously commits such a crime, the sentence is enhanced by one additional year for each prior hate crime conviction under Penal Code §§ 425.75(a) or 425.75(b). However, if the prior hate crime was a prior serious felony subjecting the defendant to the prior serious felony five-year enhancement, the two enhancements are not stacked. In such a case, the five year enhancement will apply, but not the additional one year for a prior hate crime. To read more about this sentence enhancement, please click on the following link –

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