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Name: People v. Mumm
Case #: D035303
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/24/2002
Subsequent History: Rev. & depublication request denied 7/17/02.
Summary

Appellant did not waive his right to challenge an Arizona prior conviction because when he waived his right to appeal based on “issues regarding priors allegations,” the court had not yet decided at that time whether the prior was a strike. The Arizona robbery qualified as a strike because both it and the California robbery statute require an intent to deprive the owner of possession of property either permanently or for an unreasonable length of time or an intent to deal with the owner’s property in such a way that there is a substantial risk of permanent loss.