Can a defendant appeal against his prior convictions for lewd and lascivious conduct with a minor?

California, United States of America


The following excerpt is from People v. Perez, C040879. (Cal. App. 2003):

Citing People v. Superior Court (Romero) 13 Cal.4th 497, 917 P.2d 628, defendant urged the trial court to strike his two prior convictions for lewd and lascivious conduct with a minor. He argued that these convictions occurred in 1988 and were remote. The current case did not involve any similar conduct. Defendant characterized the current case as involving "relatively minor criminal conduct," and noted that most of the charges could have been filed as misdemeanors. He asserted that these offenses arose under "unusual circumstances, not likely to recur," and he pointed out that he "has the ability to function in society as a productive, law abiding, and responsible individual." He argued that punishment under the three strikes law would be disproportionate to his conduct.

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