California, United States of America
The following excerpt is from People v. Demartile, C085658 (Cal. App. 2019):
"[A] court considering whether to impose an increased sentence based on a prior qualifying conviction may not determine the 'nature or basis' of the prior conviction based on its independent conclusions about what facts or conduct 'realistically' supported the conviction." (People v. Gallardo (2017) 4 Cal.5th 120, 136.) Rather, the court's role is, "limited to identifying those facts that were established by virtue of the conviction itselfthat is, facts the jury was necessarily required to find to render a guilty verdict, or that the defendant admitted as the factual basis for a guilty plea." (Ibid.)
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