Does the Attorney General have jurisdiction to issue a finding that a convicted burglar committed a crime under section 459 of the California Penal Code?
California, United States of America
The following excerpt is from Jones, In re, 27 Cal.App.4th 1032, 33 Cal.Rptr.2d 469 (Cal. App. 1994):
The Attorney General asserts that pursuant to People v. Guerrero, supra, 44 Cal.3d 343, 243 Cal.Rptr. 688, 748 P.2d 1150 the trial court is entitled to look to the record of the prior convictions to determine if the defendant's conduct constituted a felony under California law. In Texas, petitioner was convicted of residential burglary, which would also be a felony in California. Respondent argues that both New Mexico incidents involved enclosed structures within the meaning of section 459 based on the nature of the businesses.
On April 8, 1994, this court issued an order to show cause.
Given this procedural history, we now turn to the issues raised by the instant petition.
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