California Court of Appeal

The government's appeal, arguing that a Texas burglary conviction could be considered a strike under California law, is dismissed because it is not explicitly authorized by Penal Code section 1238, and because it is actually an attempt to set aside a probation granted by the court, which is prohibited under that statute.

Appellate Information

• Decided 11/07/2002
• Published 12/06/2002

Judges

• NARES, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Paul J. Pfingst, District Attorney, Anthony Lovett and Josephine A. Kiernan, Deputy District Attorneys, for Plaintiff and Appellant.


• For Appellees:
  
• Donal M. Hill, San Diego, under appointment by the Court of Appeal, for Defendant and Respondent.