What are the factors used to determine whether a defendant has a prior conviction for sexual assault?

California, United States of America


The following excerpt is from People v. Juarez, E059334 (Cal. App. 2014):

On July 26, 2013, the parties appeared at a hearing for judgment and sentencing, as well as a hearing on defendant's motion to strike a prior strike. In reviewing defendant's motion to strike a prior, the court considered the factors from People v. Williams (1998) 17 Cal.4th 148, 161. The conduct underlying defendant's 2004 conviction was serious and inappropriate, but he had not had any similar convictions since that time. The conduct underlying the current counts was also serious, and there was clear evidence of physical harm to his spouse by defendant. Yet, the victim did not

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