Is a prior conviction for attempted murder remote?

California, United States of America


The following excerpt is from People v. Garland, B272272 (Cal. App. 2017):

The court specifically noted that defendant's prior conviction was from 1993. Nonetheless, the court was dissuaded from striking this conviction due to defendant's ongoing criminal conduct. Simply because a conviction is old does not mean the court abuses its discretion by not striking it: "In determining whether a prior conviction is remote, the trial court should not simply consult the Gregorian calendar with blinders on." (People v. Humphrey (1997) 58 Cal.App.4th 809, 813.) The court specifically noted defendant continued to engage in criminal conduct between the attempted murder conviction and the present case. "Where, as here, the defendant has led a continuous life of crime after the prior, there has been no 'washing out' [i.e. a crime-free cleansing period of rehabilitation] and there is simply nothing mitigating about a 20-year-old prior." (Ibid.)

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