Pc 622.5 (b)

[turnerloonybin]

What is the name of your state (only U.S. law)? California is where I reside. My nephew was in prison and the day he was supposed to be released Upland police arrested him for PC 422 and 667.5(B). Does anyone know what those are? All I can find about 667.5 (B) is that its a prior felony within 5 years. Does that mean habitual? Why when being released instead of during his 3 yr term? I'm so confused.

[FlyingRon]

667.5(b) increases the prison term by one year for each prior prison term. The five year thing says that if you were clean (no imprisonments or convictions for felonies) for five years straight, they stop looking back to count up terms before that.

This is over whatever he gets specifically for the Criminal Threat charge.

[CdwJava]

Criminal Threats (PC 422) is a serious, violent felony in CA:

422. Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
For the purposes of this section, "immediate family" means any
spouse, whether by marriage or not, parent, child, any person related
by consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
"Electronic communication device" includes, but is not limited to,
telephones, cellular telephones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.

And, the title of this threat related to PC 622.5(b) (which doesn't exist) and in the text you mention 667.5(b) which is an enhancement

667.5. Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:
(a) Where one of the new offenses is one of the violent felonies
specified in subdivision (c), in addition to and consecutive to any
other prison terms therefor, the court shall impose a three-year term
for each prior separate prison term served by the defendant where
the prior offense was one of the violent felonies specified in
subdivision (c). However, no additional term shall be imposed under
this subdivision for any prison term served prior to a period of 10
years in which the defendant remained free of both prison custody and
the commission of an offense which results in a felony conviction.
(b) Except where subdivision (a) applies, where the new offense is
any felony for which a prison sentence is imposed, in addition and
consecutive to any other prison terms therefor, the court shall
impose a one-year term for each prior separate prison term served for
any felony; provided that no additional term shall be imposed under
this subdivision for any prison term served prior to a period of five
years in which the defendant remained free of both prison custody
and the commission of an offense which results in a felony
conviction.

Apparently he has been a bad, bad boy.

Consult legal counsel.

- Carl

[garrula lingua]

And a 422 is a strike.

If he has a prior strike, he'll get double the sentence, along with the one-year enhancement.