In a motion to dismiss a conviction for possession of contraband, what is the state prosecutor's argument that defendant was convicted of possession of illegal drugs?

California, United States of America


The following excerpt is from People v. Esparza, 195 Cal.Rptr.3d 597, 242 Cal.App.4th 726 (Cal. App. 2015):

5 We do not understand what the prosecutor meant by this. Furthermore, it appears that the prosecutor's argument is taken almost directly from the prosecution's opposition to defendant's request in his 1997 case for the court to exercise its discretion and strike one of his strike convictions. On this court's own motion we have taken judicial notice of the record in defendant's 1997 case (People v. Esparza (Feb. 8, 1999, H017413) [nonpub.opn.].) (See Evid. Code, 452, subd. (d), 459.)

6 Defendant's prison record does not support the prosecutor's assertion that defendant was convicted for possession of contraband.

7 In fact, the record reflects that defendant had been attending AA meetings during 2012.

8 These violent felonies, sometimes referred to as super strikes (see, e.g., People v. Rivera (2015) 233 Cal.App.4th 1085, 1092, 183 Cal.Rptr.3d 362 ), include specified violent sex offenses, any homicide offense or attempted homicide offense defined in sections 187 through 191.5, solicitation to commit murder, assault with a machine gun on a peace officer or firefighter, possession of a weapon of mass destruction, or any serious or violent felony punishable in California by life imprisonment or death. ( 667, subd. (e)(2)(C)(iv).)

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