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Name: People v. Warner
Case #: S126233
Court: CA Supreme Court
District CalSup
Opinion Date: 08/10/2006

A defendant is not subject to sentence enhancements under Penal Code sections 1170.12 or 667, subdivision (a), where the evidence did not show that his out-of-state prior amounted to a serious felony. The defendant’s prior conviction from Nebraska consisted of a no contest plea to sexual assault of a child. The corresponding offense in California requires proof of specific lewd intent, but Nebraska law does not require such specific intent. The California Supreme Court is bound by Nebraska state court decisions interpreting the law, and in any case declined to depart from an interpretation of the plain meaning of the statute. Because the Nebraska offense did not contain all of the elements of the offense described in Penal Code section 1192.7, subdivision (c), the court reversed the jury’s finding that the defendant had suffered a prior serious or violent felony conviction.