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What does PC 1192.7(C) severity (z) mean in a criminal case?

Rancho Cucamonga, CA |

Never seen a severity (z) before. Just want to know what that means.

Attorney Answers 1

Posted

Penal Code 1192.7(c) lists offenses classified as serious felonies. All of those crimes, and the statutorily-defined violent felonies in Penal Code 667.5(c), are "strikes" under the Three Strikes law.

There are 42 subsections under 1192.7(c), but they have numbers, not letters. Are you sure it isn't something like 1192.7(c)(2)?

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4 comments

Asker

Posted

It's definitely a "Z" - I was about to ask this same question but found it already exists on this site. Robert, it's actually the online San Bernardino website that has the Letter "Z" next to penal code 1992.7(C) - also under the word "COUNT" - it lists 999 instead of count 1, 2 or 3. What does this all mean???

Robert Lee Marshall

Robert Lee Marshall

Posted

As I noted in the original answer, Penal Code 1192.7 lists offenses classified as serious felonies under California's three strikes law. The best way to find out exactly what the abbreviation means would be to call the clerk of the San Bernardino Superior Court and ask. Here's my best guess: it's listed as count 999 because it isn't a crime itself, but increases the punishment for another offense. (Some counties show Strikes as Count 0.) The letter Z may also be clerks' shorthand for a strike.

Asker

Posted

Thank you, Robert. You're the ONLY atty online who's offered up a valid and logical explanation of what a "z" severity is. If there are 3 - "z"s listed such as I'm copying down below on this case (minus the persons name, of course); does that mean the DA is trying to get 3 strikes against this person all at once?: Filed Charges Count Charge Severity Description Violation Date Plea Status 1 PC 459 F BURGLARY 09/21/2011 NOT GUILTY HTA 2 PC 496(A) F RECEIVE/ETC KNOWN STOLEN PROP (OVER $400) 09/21/2011 NOT GUILTY HTA 3 PC 496(A) F RECEIVE/ETC KNOWN STOLEN PROP (OVER $400) 09/21/2011 NOT GUILTY HTA Infor Charges Count Charge Severity Description Violation Date Plea Status 1 PC 459 F BURGLARY 09/21/2011 NOT GUILTY ACTIVE 2 PC 496(A) F RECEIVE/ETC KNOWN STOLEN PROP (OVER $400) 09/21/2011 NOT GUILTY ACTIVE 3 PC 496(A) F RECEIVE/ETC KNOWN STOLEN PROP (OVER $400) 09/21/2011 NOT GUILTY ACTIVE Other Charges Count Charge Severity Description Violation Date Plea Status 999 PC 1192.7(C) Z SERIOUS FELONY ADVISAL 09/21/2011 999 PC 296 Z REQUIREMENT TO PROVIDE SPECIMENS, SAMPLES & PRINTS 09/21/2011 999 PC 462(A) Z NO PROB GRANT: BURGLARY OF INHABITED DWELLING HOUSE 09/21/2011

Robert Lee Marshall

Robert Lee Marshall

Posted

It looks like there are three sections to the website information you've copied and pasted: The first is "filed charges." Those were the original charges in the criminal complaint filed by the District Attorney. The abbreviation "HTA" most likely means there has already been a preliminary hearing and the defendant was held to answer -- which means the judge decided there was enough evidence to proceed forward to the trial stage. The second section is titled "Information Charges." The Information is a charging document the DA files after the preliminary hearing. It's essentially the same as the felony complaint that started the process, and there is a separate arraignment on the information where the defendant enters a plea again. It appears the defendant entered a not guilty plea and the case is proceeding to trial. The "other charges" section with the "Z" notations are comments regarding the charges. As I noted in my earlier response, residential burglary is listed as a serious felony under Penal Code 1192.7(c), which makes it a "strike" under the Three Strikes law. the first 999 notation just shows that the defendant was advised that one of his charges is a potential strike. The third 999 entry reflects that residential burglary is "prison presumptive," which means the judge must sentence a person convicted of residential burglary to state prison, unless there are unusual circumstances (youth, lack of a prior record, etc.) that justify probation. The middle 999 entry reflects the requirement under Penal Code 296 for people arrested for felonies to provide DNA samples and fingerprints. Hope this helps!

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