California Court of Appeal

Conviction of first degree burglary, with finding of prior serious or violent felony convictions, is reversed as to Three Strikes finding for one prior conviction under Penal Code section 288a as the conviction was for a threat of retaliation, not duress, which at the time of present conviction was not a serious felony.

Appellate Information

• Decided 04/17/2007
• Published 04/17/2007

Judges

• RUBIN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Richard J. Moller, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Margaret E. Maxwell and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.