How have sections 667 and 1192.7(c) of the California Criminal Code been interpreted in the context of prior felony convictions?

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):

The court analyzed sections 667 and 1192.7(c) and earlier cases concerning prior felony convictions and concluded allowing the trier of fact to look "beyond the judgment to the entire record of the conviction" is both reasonable and fair, furthering the intent of the People in establishing an enhancement for "burglary of a residence" and effectively barring the prosecution from relitigating the circumstances of an earlier crime. (People v. Guerrero, supra, 44 Cal.3d at p. 355-356, 243 Cal.Rptr. 688, 748 P.2d 1150.)

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