How have courts considered prior criminal convictions in determining the truth of an allegation of sexual assault?

California, United States of America

The following excerpt is from People v. Castellanos, 219 Cal.App.3d 1163, 269 Cal.Rptr. 93 (Cal. App. 1990):

People v. Colbert (1988) 198 Cal.App.3d 924, 930, 244 Cal.Rptr. 98 held "a trial court may properly consider the prior accusatory pleading in conjunction with other relevant court documents in determining the truth of an allegation that a defendant was previously convicted of the serious felony of 'burglary of an inhabited dwelling house.' " There the court considered the information as well as the abstract of judgment and minute order reflecting the jury found Colbert guilty as "charged in the information" in determining the truth of the earlier convictions. (Ibid.)

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