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Name: People v. Del Rio
Case #: B203270
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 07/28/2008

Use of a prior juvenile adjudication for a serious or violent felony as a “strike” to enhance the current sentence for a felony conviction does not violate a defendant’s constitutional right to a jury trial. Appellant stole the victim’s purse from her as she was walking her dog. He subsequently pled no contest to robbery and admitted a prior juvenile adjudication for robbery as a “strike,” reserving the right to appeal its validity. On appeal, appellant argued that the juvenile adjudication is not a prior conviction within the meaning of Apprendi because a juvenile is not entitled to a jury trial. Noting that the issue is presently before the California Supreme Court in People v. Nguyen (2007) 152 Cal.App.4th 1205, review granted 10/10/2007, S154847, the appellate court summarily rejected appellant’s argument.