Practice question
A visitor with no prior final conviction commits a felony inside a prison, while a prisoner serving a final sentence commits another during guarded transport outside. Proper allegations and all other facts are stipulated. Which location-based shortcut is wrong?
- Every prison visitor is a quasi-recidivist
- Treating prison location alone as sufficient or outside location alone as disqualifying
- No transported prisoner is serving a sentence
- The building automatically supplies a prior conviction
- Only the arresting guard selects the statutory rule
Legal references
- Revised Penal Code, Articles14(9)-(10),19-20 and160, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
- People v. Alicia, GR L-38176, January22 1980, MAIN decision, special aggravating character of quasi-recidivism only: https://lawphil.net/judjuris/juri1980/jan1980/gr_38176_1980.html
- Revised Rules of Criminal Procedure, Rule110 Sections8-9, allegation of aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
- RA9346 Sections1-2, current prohibition on death and substitute penalties: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
Answer this question in flashcards to review your response and continue practicing.