Does a defendant have to prove that he served a prison term for a prior conviction for assault?
California, United States of America
The following excerpt is from People v. Hardy, E061286 (Cal. App. 2015):
Defendant contends that, although he admitted the prior conviction, he did not admit that he served a prison term for that prior conviction, and the People offered no evidence to prove that he did. Relying first on People v. Lopez (1985) 163 Cal.App.3d 946 (Lopez) and People v. Najera (1972) 8 Cal.3d 504, defendant contends that his one-
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