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Name: In re Jensen
Case #: D036480
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/13/2001
Subsequent History: Rev. denied 12/19/01.
Summary

Appellant’s petition for writ of habeas corpus was granted where the trial court treated a prior juvenile adjudication as a “strike.” The prior conviction was for voluntary manslaughter, committed when appellant was 17 years old. He was found fit for juvenile court and given a maximum confinement time of 6 years. In People v. Garcia (1999) 21 Cal. 4th 1, the California Supreme Court held that a prior juvenile adjudication is not a strike unless it was for an offense listed in Welfare and Institutions Code section 707(b). Because the offense adjudicated was not such an offense, Jensen’s prior adjudication should not have qualified as a strike. The fact that he could have also been convicted of assault with force likely to cause great bodily injury is irrelevant to the determination.