How have the courts treated the prior convictions of appellant in the context of Three Strikes?

California, United States of America


The following excerpt is from People v. Rabago, B260313 (Cal. App. 2015):

3. At the hearing, the court raised the question of whether appellant's two convictions in the same case in 2000 should be treated as one strike or two. The court never directly answered that question before refusing to strike any of the prior convictions. We note they constituted separate strikes because they involved separate incidents and separate victims. (People v. Rusconi (2015) 236 Cal.App.4th 273, 275 [two manslaughter convictions involving two victims in one incident constituted two strikes].) That made appellant's current conviction a fourth strike, so the court would have had to strike at least two of his prior convictions to affect his sentence under the Three Strikes law. Because we find the court did not abuse its discretion in refusing to strike any of appellant's prior convictions, we need not address this issue further.

Other Questions


In a motion to strike a serious prior felony conviction in the interest of justice, how have the courts treated prior criminal convictions in the context of the application? (California, United States of America)
How have courts treated a motion to strike a prior conviction under section 1385 of the Three Strikes Act? (California, United States of America)
In the context of the Three Strikes Law, how have courts treated cases where a defendant was convicted of a similar offence but later found guilty of a different offence? (California, United States of America)
Does a codefendant's sentence under the Three Strikes Act have to be considered extrinsic to the trial court's exercise of its limited discretion to strike a prior conviction? (California, United States of America)
When will a court strike or vacate a prior serious and/or violent felony conviction under the Three Strikes law? (California, United States of America)
In what circumstances will the trial court deny defendant's motion to strike a prior conviction under the Three Strikes Act? (California, United States of America)
Is a court's decision not to dismiss a prior "strike" conviction under the Three Strikes law subject to review? (California, United States of America)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
What is the test for dismissing a prior conviction that is treated as a strike under the Three Strikes law? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.