Does a defendant have to have two prior criminal convictions?

California, United States of America


The following excerpt is from People v. Baines, E062415 (Cal. App. 2016):

Although defendant "suffered no further felony convictions . . . other than minor traffic offenses"5 between his 1994 strike and the current offense, at least one court has explained that "the number of [defendant's] prior convictions operates as a factor in aggravation, as may the nature of his prior and present crimes and the timing with which they were committed." (People v. Bishop (1997) 56 Cal.App.4th 1245, 1250-1251.) Thus, defendant's five prior felony convictions, along with his two prior strikes, are factors that support the trial court's determination not to strike either or both of defendant's prior strikes.

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