California, United States of America
The following excerpt is from People v. Rodriguez, B265581 (Cal. App. 2016):
violation of section 211. The jury convicted defendant of attempted murder, and the question of whether defendant's prior robbery conviction qualified as a serious or violent felony is a question of law for the trial court. (People v. Wiley (1995) 9 Cal.4th 580, 583, 592.) By admitting that he had suffered the prior conviction for a violation of section 211, defendant admitted the only fact necessary for the imposition of a section 667, subdivision (a) enhancement.
Moreover, we can discern no prejudice. Defendant was fully apprised he was facing enhanced penalties for his prior conviction. It does not appear defendant would have prepared his defense any differently had the Penal Code section 667, subdivision (a) enhancement been alleged. (People v. Thomas (1987) 43 Cal.3d 818, 831-832.)
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