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Name: People v. Minor
Case #: G031791
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/31/2004
Subsequent History: 5/11/05 Revw granted, depub, & transfer

Minor was convicted in Riverside County in 1993 of vehicular manslaughter. He violated his probation in Orange County in 1998 for another drunk driving offense, but failed to appear in court for the Orange County offense as well as for further proceedings in the Riverside County offense. He was arrested in Italy in 1999, but the Italian court refused the Riverside County extradition request. It granted extradition on the Orange County request. Minor was charged with the Orange County offense and the Riverside County offense was charged as an enhancement. Minor admitted the prior convictions, but objected to its use against him on the ground that the extradition order barred any punishment based on the facts of the Riverside case. The trial court sentenced him on the enhancement and he appealed. The appellate court here affirmed. Neither the extradition order nor the doctrine of specialty barred use of the manslaughter conviction as a sentence enhancement. The enhanced punishment was not for the original offense, but was additional punishment for the current offense which is considered to be aggravated because it was a repetitive one. The Italian extradition order made clear that its concern with the unjust consequences of probation revocation, not for sentence enhancement in the Orange County case.