Is there any case law where a reasonably competent attorney advised a defendant to admit prior convictions that qualify as a strike?

California, United States of America


The following excerpt is from People v. Walsh, B227016 (Cal. App. 2012):

In the situation before us, a reasonably competent attorney would be informed of the types of prior convictions that qualify as strikes and advise his or her client of the applicable law in any discussion of an admission. (See People v. McCary (1985) 166 Cal.App.3d 1, 7-9.) Walsh points to no place in the record, however, which indicates that trial counsel was not reasonably informed of the facts or law before advising him to admit the priors. (See People v. Vargas (2001) 91 Cal.App.4th 506, 537 [the defendant bears the burden of showing the court that trial counsel's decision to advise defendant to admit the priors was not informed].)

Other Questions


What is the current sentence for a defendant who has been convicted of a felony and has one, two or more prior convictions that qualify as "strikes"? (California, United States of America)
When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)
Is a defendant's prior hit and run conviction not an abuse of the court's discretion in admitting evidence of a prior hit-and-run conviction? (California, United States of America)
Does a prior qualifying conviction need to be brought and tried separately from another qualifying conviction to be counted as a separate strike? (California, United States of America)
Can a defendant appeal his prior conviction for assault against a judge's decision not to strike one or more of his prior convictions? (California, United States of America)
Does the Attorney General have an obligation to advise a defendant of the penal consequences of admitting their prior convictions? (California, United States of America)
In what circumstances have courts considered prior strikes by a defendant prior to his conviction? (California, United States of America)
Does a defendant have a right to a jury trial to determine whether his prior conviction qualifies as a strike? (California, United States of America)
Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.