People v. Deay

In People v. Deay (1987) 194 Cal.App.3d 280, the Court explained: "The phrase 'charges brought and tried' leaves no room for construction--it means to have formally brought an accused to account by means of complaint, information or indictment, and to then have adjudicated the accused's guilt or not. Charges brought and tried 'separately' for purposes of section 667 means simply that prior formal proceedings leading to multiple adjudications of guilt must have been totally separate. " There, Deay was given two five-year enhancements under section 667, subdivision (a)(1), for two prior burglary convictions despite the fact that both burglary convictions arose from a single proceeding. (Deay, supra, at p. 286.) The Court concluded: "[A]s both prior convictions ... were adjudicated in the same criminal proceeding, they were not 'on charges brought and tried separately' within the meaning of section 667, subdivision (a), and imposing a separate enhancement for each was error." (Deay, supra, at p. 290.)