Priors

Name: People v. Hiller (2023) 91 Cal.App.5th 335
Case #: A165126
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 05/09/2023
  • Categories: Priors, Prop 36 - Three Strikes, Sentencing, Three Strike Priors

Prior convictions for robbery in Washington State did not support prior serious or violent conviction sentencing enhancement in California. The trial court found true the allegations that defendant had been convicted of three serious or violent felonies in Washington, specifically…

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Name: People v. Kelly
Case #: F071934
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/01/2018
  • Categories: Priors, Prop 47, Sentencing

Where defendant's two prior convictions were redesignated as misdemeanors prior to his sentencing in a new case, prior prison term enhancements (Pen. Code, 667.5, subdivision (b)) based on these prior convictions could not be imposed. Kelly was convicted of several…

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Name: People v. Hudson
Case #: F074016
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/05/2018
  • Categories: Appeals, Areas Constitutional Law, Other, Priors, Right to Jury Trial, Sentencing, Trial Proceedings, Waiver of Right

Sentencing court's reliance on the preliminary hearing transcript in finding defendant's prior conviction qualified as a serious felony was impermissible and violated defendant's Sixth Amendment right to a jury trial. In 2016, after a jury found Hudson guilty of mayhem,…

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Name: People v. Nguyen
Case #: E066293
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/11/2017
  • Categories: Enhancements, Priors, Sentencing, Unlawful Sentence

Trial court erred by imposing five-year prior serious felony enhancement (Pen. Code, § 667, subd. (a)) where the information alleged the fact of the prior for purposes of a prior prison term enhancement and Three Strikes law, but failed to…

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Name: People v. Bechtol
Case #: A146680
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 04/12/2017
  • Categories: Priors, Sentencing

Vehicle Code section 41403 does not independently authorize ineffective-assistance-of-counsel challenges to prior convictions in a subsequent proceeding. Bechtol was charged with two alcohol-related driving offenses within 10 years of a prior felony driving under the influence (DUI) conviction. (Veh. Code,…

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Name: People v. Johnson
Case #: F071140
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/02/2017
  • Categories: Enhancements, Priors, Prop 47, Sentencing

Trial court did not err by refusing to strike a prison prior enhancement (Pen. Code, § 667.5, subd. (b)) even though the felony underlying it was reduced to a misdemeanor "for all purposes" under Proposition 47 after sentencing. Johnson's 2014…

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Name: People v. Kindall
Case #: C078996
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/22/2016
  • Categories: Enhancements, Priors, Prop 47, Sentencing

It is error to impose a one-year prison prior enhancement (Pen. Code, § 667.5, subd. (b)) when the felony conviction underlying it was reduced to a misdemeanor pursuant to Proposition 47 (Pen. Code, § 1170.18) before the enhancement was found…

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Name: People v. Eslava
Case #: A142881
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 11/14/2016
  • Categories: Priors, Right to Jury Trial, Sentencing, Trial Proceedings

Trial court violated the Sixth Amendment by determining that defendant's prior battery conviction involved "personal infliction of serious bodily injury" and was therefore a serious felony for purposes of the Three Strikes law and a sentencing enhancement. Eslava was convicted…

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Name: People v. Navarette
Case #: F069534
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/27/2016
  • Categories: Constitutional Rights, Enhancements, Limitations on, Priors, Sentencing

Mexican murder conviction is not a serious felony under California law. Navarette was convicted of a number of offenses arising from a domestic incident with his ex-girlfriend. A prior serious felony enhancement and a strike prior were found true based…

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Name: People v. Learnard
Case #: B260824
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 10/28/2016
  • Categories: Priors, Sentencing

Strike prior reversed where trial court engaged in judicial factfinding beyond the elements of the prior aggravated assault conviction in determining that it was a serious felony. A jury convicted defendant of assault with a deadly weapon (Pen. Code, §…

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