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Name: In re Cruse
Case #: B164036
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 07/31/2003
Subsequent History: Rehrg. Den. 8/12/03

Counsel correctly advised defendant that his prior conviction for a violation of Penal Code section 245, subdivision (a)(1) was a serious felony (a “strike”) when she knew the preliminary hearing transcript in that case showed the victim’s jaw was personally broken by defendant. This was great bodily injury. Moreover, an unsworn and unauthenticated medical report which was not received into evidence and was without foundation was not admissible to show otherwise, even though it was resting in the superior court file and stated “no definite fracture … or other abnormality” was observed.