Does a criminal conviction for assault have to be considered a serious felony?
California, United States of America
The following excerpt is from People v. Stewart, C074218 (Cal. App. 2015):
[Citations.] In such a case, if the serious felony nature of the prior conviction depends upon the particular conduct that gave rise to the conviction, the record is insufficient to establish that a serious felony conviction occurred." (People v. Miles (2008) 43 Cal.4th 1074, 1083 (Miles).)
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