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Name: People v. Valenzuela
Case #: C061539
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/27/2010

Whether Vehicle Code section 23104 (reckless driving with injury) is a "strike" offense depends on whether the record establishes that defendant personally inflicted great bodily injury (GBI), as opposed to whether the driving proximately causes GBI. Appellant was convicted of a felony and sentenced to state prison. His sentence was doubled pursuant to the "two strikes" provisions of the Three Strikes Law (Pen. Code, § 1170.12) on the basis of a prior conviction for reckless driving proximately causing GBI (Veh. Code, § 23104, subd. (b)). On appeal, appellant argued that there was insufficient evidence to support the…

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Name: People v. Skiles
Case #: G040808
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/11/2010
Subsequent History: rev. granted 4/28/10 (S180567)

A felony that is not listed in Penal Code section 1192.7, is still considered a serious felony under that section if defendant inflicted great bodily injury on a person other than an accomplice during the commission of the felony; and the trial court can consider the entire record of the conviction to determine if it qualifies as a "strike." Appellant was convicted by a jury of first degree burglary, and the court found the alleged prior conviction for involuntary manslaughter in Alabama constituted a serious felony. The evidence submitted in support of the finding was a certified copy of the…

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Name: People v. Scott
Case #: C059703
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/24/2009

Although a trial court is not required to strike one of two prior "strike" convictions arising out of the same facts, it must consider the closeness of the two strikes as a relevant circumstance in determining whether to grant a request pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. Appellant was convicted of possession by a prisoner of a sharp instrument and assault. Additionally, the jury found robbery and carjacking strikes true. The prior offenses stemmed from the same incident in which appellant pointed a rifle at the victim and took his vehicle. The trial court denied…

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Name: People v. Nichols
Case #: C057665
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/05/2009

Defendant who failed to register was properly sentenced under the Three Strikes law. Appellant was found guilty of failing to register under Penal Code section 290 when he moved out of Rocklin. The jury also found that he had been previously convicted of three prior "strikes" and served three prior prison terms. The trial court denied appellant's motion to strike his prior strikes, and sentenced him to a prison term of 28 years to life, consisting of 25 to life for the offense, plus three years for the prior prison term enhancements.) The appellate court held the trial court did…

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Name: People v. Nguyen
Case #: S154847
Court: CA Supreme Court
District CalSup
Opinion Date: 07/02/2009

The United States Constitution allows use of a prior juvenile adjudication as a "strike" even though there was no right to a jury trial in the juvenile proceeding. In adult felony proceedings, the complaint charged a prior juvenile adjudication as a strike, it was found true, and appellant's sentence for his assault conviction was doubled. On appeal, appellant contended that the Apprendi rule barred use of the prior juvenile adjudication as he had not had a right to a jury trial on the prior offense. The appellate court agreed and reversed. The California Supreme Court reversed…

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Name: People v. Ulloa
Case #: B201072
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 06/26/2009

A misdemeanor conviction that is punished as a felony under section 186.22, subdivision (d) (street gang alternative sentencing provision) is not a serious felony for purposes of Penal Code section 1192.7, subdivision (c)(28). Appellant was convicted of numerous offenses with the court also finding that he had suffered a prior serious felony conviction under the Three Strikes law. The only evidence as to the prior conviction was a prison packet containing an abstract of judgment stating that appellant was convicted of "PC 186.22 (D)." Section 1192.7, subdivision (c)(28) defines a serious felony as any felony offense, which would also constitute…

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Name: People v. Barkley
Case #: H031717
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 09/23/2008

The determination as to whether a prior conviction constitutes a "strike" offense is made on the date of the conviction and is not determined by the imposed sentence unless the initial sentence automatically converts the felony to a misdemeanor. Appellant challenged the use of a prior conviction for Penal Code section 245 as a "strike" in the instant matter, claiming that he had received a misdemeanor sentence for the offense. The appellate court, distinguishing People v. Glee (2000) 82 Cal.App.4th 99, rejected appellant's argument. According to the record of the prior conviction, appellant entered into a plea agreement whereby he…

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Name: People v. Wyatt
Case #: C056249
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/19/2008

Request for counsel at a disciplinary hearing five days prior to an interrogation did not invoke Edwards rights. (Edwards v. Arizona (1981) 451 U.S. 477.) Prior to his trial for possession of paraphernalia and manufacturing a weapon while in jail, Wyatt moved to suppress statements he made during an interview with Deputy Davis. At a disciplinary hearing five days prior to the interview, Wyatt had refused to make a statement and requested to have an attorney present. At the interview, Deputy Davis read Wyatt his Miranda rights, and Wyatt waived them and admitted …

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Name: People v. Del Rio
Case #: B203270
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 07/28/2008

Use of a prior juvenile adjudication for a serious or violent felony as a "strike" to enhance the current sentence for a felony conviction does not violate a defendant’s constitutional right to a jury trial. Appellant stole the victim's purse from her as she was walking her dog. He subsequently pled no contest to robbery and admitted a prior juvenile adjudication for robbery as a "strike," reserving the right to appeal its validity. On appeal, appellant argued that the juvenile adjudication is not a prior conviction within the meaning of Apprendi because a juvenile is not…

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Name: People v. Miles
Case #: S140413
Court: CA Supreme Court
District CalSup
Opinion Date: 05/29/2008

In determining whether a prior conviction was for a serious felony, where the prior conviction was under a statute that described conduct that could constitute a non-serious felony or a serious felony, the court can consider language appearing in the record of conviction to determine whether the conviction was for a serious felony. Appellant was charged with a "strike" from a 1976 federal conviction under U.S. Code section 2113 (a). The statute, in its entirety, includes a group of bank-related offenses under the title "Bank robbery and incidental crimes," but does not use the terms robbery or bank…

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