California Court of Appeal

In appeal of conviction and sentence for possession of methamphetamine and receiving stolen property, judgment of conviction is affirmed but case is remanded for resentencing, where: 1) the prior Washington convictions constituted sentencing factors that did not need to be pled and proven to a jury to render him ineligible for county jail; however, 2) the prosecution correctly concedes that the record contains insufficient evidence to support the court's finding that defendant's Washington convictions constituted strikes under California law.

Appellate Information

• Decided 01/14/2013
• Published 01/14/2013

Judges

• ROBIE

Court

• California Court of Appeal

Counsel