Supreme Court of California

In a felony case in which a trial court found that a prior conviction was not a strike for "Three Strikes" Law sentencing purposes, a court of appeals' judgment to the contrary is reversed in part where, although it correctly found that the People could appeal from the judgment pursuant to Penal Code section 1238(a)(10) on the grounds that defendant's sentence was unlawful, it improperly found that the trial court erred in ruling that the alleged prior conviction was not a strike.

Appellate Information

• Decided 12/11/2006
• Published 12/11/2006

Judges

• MORENO, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler and Pamela C. Hamanaka, Assistant Attorneys General, René A. Chacón, Kristofer Jorstad, Lawrence M. Daniels and Ryan B. McCarroll, Deputy Attorneys General;  George W. Kennedy, District Attorney, and Neal J. Kimball, Deputy District Attorney;  for Plaintiff and Appellant.


• For Appellees:
  
• Michael A. Kresser, under appointment by the Supreme Court, Santa Clara, for Defendant and Respondent.