California Court of Appeal

Conviction for one count of attempted robbery, Pen. Code sections 211 and 664, is affirmed where, in finding that a 2011 assault conviction constituted a strike under the Three Strikes Law, the trial court erred by admitting a certified prison packet (969b packet) "by reference" only and did not retain it in the court's records in violation of the Penal Code, the error was harmless because a certified copy of the 969b packet was reviewed, which demonstrated defendant's prior assault conviction was, in fact, a strike.

Appellate Information

• Decided 08/26/2015
• Published 08/26/2015

Judges

• FLIER

Court

• California Court of Appeal

Counsel