Multiple Statutory Enhancement Provisions for the Same Prior Offense

People v. Jones (1993) 5 Cal.4th 1142, held that, "when multiple statutory enhancement provisions are available for the same prior offense, one of which is a section 667 enhancement, the greatest enhancement, but only that one, will apply." (Id. at p. 1150.) Under Jones, the shorter enhancement for the prior prison term must be stricken. (Id. at p. 1153.) In People v. Gonzales (1993) 20 Cal.App.4th 1607, the court found it was faced with a wrinkle in the Jones rule. (Gonzales, at p. 1610.) One of the one-year prior prison term enhancements that the defendant challenged involved a concurrent prison sentence imposed for two separate crimes, one of which was a serious prior felony under section 667, subdivision (a). (Gonzales, at p. 1610.) Gonzales held that a prior prison term enhancement could be imposed for that concurrent prison term, even though part of that single prison term was served for a crime for which a five-year section 667, subdivision (a)(1) enhancement was also imposed. This is because there was also a portion of that one concurrent prison term served for a crime for which a five-year enhancement was not imposed (because the crime was not a serious felony). (Gonzales, at p. 1610.) The Gonzales holding hinged on the fact that the prior prison term in question was based partially on the same case that was the basis for the enhancement under section 667, subdivision (a), and partially on a separate, independent case. (Gonzales, supra, 20 Cal.App.4th at pp. 1610-1611.) The two cases for which Gonzales received a concurrent prison term had two different case numbers. (Ibid.)