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Name: People v. Bowden
Case #: B151167
Court: CA Court of Appeal
District 2 DCA
Division: 4
Citation: 102 Cal.App.4th 387

Appellant was found guilty of burglary and robbery, and a prior “strike” which was based on a juvenile adjudication for robbery. Here, the appellate court upheld the true finding on the “strike.” The prosecution was not required to prove that the robbery was committed while armed with a dangerous or deadly weapon because the present offenses were committed after the passage of Proposition 21, which deleted that requirement in former Welfare and Institutions Code section 707(b). Further, the fact that appellant did not have a jury trial on the prior juvenile adjudication did not prevent its use as a “strike.”

Opinion Date: 09/24/2002