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Name: People v. Moore
Case #: H025922
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/30/2004
Subsequent History: Rev. den. 8/11/04

Appellant was convicted of sale of methamphetamine, and a prior "strike" for a 1999 conviction for making terrorist threats. Appellant pleaded guilty to the drug offense, and the prior "strike" was found true. On appeal, appellant contended that his prior strike was not valid because it was committed before terrorist threats were added to the list of "strike" felonies, by Proposition 21 in 2000. He also contended that terrorist threats to a girlfriend did not qualify as a strike; that only threats of violence to intimidate or coerce a government or community qualify as strikes. The…

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Name: People v. Burgos
Case #: B165985
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 04/23/2004

Appellant was originally sentenced to two consecutive terms of 25 years to life with a three-year g.b.i. enhancement, and two five-year serious felony prior conviction enhancements. On remand following his first appeal, he was resentenced again to the two consecutive 25 year terms, with a three-year g.b.i. enhancement. However, pursuant to the appellate court's direction, only one five-year prior serious felony enhancement was imposed. (The court held that the two prior convictions were not brought and tried separately.) In this second appeal, he contended that the trial court abused its discretion in refusing to strike one…

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Name: People v. Laino
Case #: S103324
Court: CA Supreme Court
District CalSup
Opinion Date: 04/08/2004

The full faith and credit clause does not bar California from deciding whether a guilty plea in another jurisdiction constitutes a conviction for purposes of California’s three strikes law. The defendant here pled guilty to an aggravated assault with a handgun in Arizona, but successfully completed a domestic violence diversion program resulting in a judgment of dismissal of the charges. The Arizona case was nonetheless used to enhance a subsequent sentence in California. On appeal, the defendant argued that California was constitutionally barred from determining that the Arizona case constituted a prior conviction, but the Supreme Court…

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Name: People v. Superior Court (Andrades)
Case #: H025569
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/25/2003
Subsequent History: None

A prior juvenile adjudication of robbery does constitute a strike in cases where the current offense was committed after the passage of Proposition 21. A prior juvenile adjudication may constitutionally be used as a strike even thought there is no right to a jury trial in juvenile…

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Name: People v. Lee
Case #: H024392
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 09/12/2003
Subsequent History: None

The court rejected the argument that defendant's prior juvenile adjudication did not qualify as a strike because he did not have a jury trial in juvenile court. (2-1…

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Name: Gill v. Ayers
Case #: 01-55808
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/06/2003
Subsequent History: Rehearing: opn. withdrawn on 8/28/03

Gill's 1976 prior conviction for assault with force likely to produce great bodily injury could only count as a "strike" in his current proceeding upon a finding that he had personally used a dangerous weapon during the assault. At his sentencing, the court considered documentation from the record of the conviction, including Gill's own statements as paraphrased in a probation report, but refused to allow him to testify to explain the statements attributed to him. The federal appellate court here reversed. The court's decision denying Gill the right to testify violated his Fourteenth Amendment right to due…

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Name: In re Cruse
Case #: B164036
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 07/31/2003
Subsequent History: Rehrg. Den. 8/12/03

Counsel correctly advised defendant that his prior conviction for a violation of Penal Code section 245, subdivision (a)(1) was a serious felony (a "strike") when she knew the preliminary hearing transcript in that case showed the victim's jaw was personally broken by defendant. This was great bodily injury. Moreover, an unsworn and unauthenticated medical report which was not received into evidence and was without foundation was not admissible to show otherwise, even though it was resting in the superior court file and stated "no definite fracture ... or other abnormality" was…

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Name: People v. Smith
Case #: B162023
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 07/24/2003
Subsequent History: None

Agreeing with Division Four of the same court in People v. Bowden, Division 7 here held that a juvenile adjudication may be used as a strike to enhance an adult offender's sentence notwithstanding the absence of the right to a jury trial in delinquency proceedings. The court found that appellant misapprehends Apprendi and Tighe, which concern the allocation of fact-finding responsibilities between judge and jury, not the nature or scope of sentence enhancement factors. Smith was afforded the right to have a jury determine whether he sustained the prior juvenile adjudications, and the jury found them true, and…

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Name: People v. Flood
Case #: C040171
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/05/2003
Subsequent History: None

Appellant pleaded no contest in November 2001, to a September 2000 assault with a deadly weapon. He admitted suffering a November 2000 strike conviction. In exchange, a count of attempted premeditated murder was dismissed along with additional enhancements. He was sentenced to a stipulated term of 12 years and obtained a certificate of probable cause. On appeal, he argued that the matter had to be remanded for resentencing because the November 2000 prior conviction was not a strike. The appellate court agreed that the Three Strikes Law did not apply because appellant did not commit…

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Name: People v. Morales
Case #: B154457
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 02/20/2003
Subsequent History: Modification ordered 3/11/03, no change in judg. Rev. denied 5/14/03.

Appellant was convicted of three counts of felony annoying or molesting a child. The three count amended information alleged that appellant had previously been convicted of two prior violent felonies. It also alleged two prior serious allegations which applied to one of the counts charged. The jury and court findings entered made no reference to the prior violent felony findings as applying only to a single count. The court dismissed one of the prior violent felony convictions pursuant to section 1385, and doubled the sentence as to one count. As to the two remaining counts,…

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