California Court of Appeal

In an appeal of a third trial of recidivism allegations related to defendant's conviction of attempted manslaughter, the trial court's determination that the plea colloquy in connection with a New York conviction demonstrated that the New York offense qualified as a serious felony and strike under California law is reversed where it is undisputed that the elements of attempted third degree robbery under New York law do not correspond to the elements of robbery as defined in California law.

Appellate Information

• Published 2016/07/12

Judges

• KRIEGLER

Court

• California Court of Appeal

Counsel