What factors will determine whether a defendant has a history of serious and/or violent felony convictions?

California, United States of America


The following excerpt is from People v. Carmony, 14 Cal.Rptr.3d 880, 33 Cal.4th 367, 92 P.3d 369 (Cal. 2004):

7. Those factors include "the nature and circumstances of [a defendant's] present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects. . . ." (People v. Williams, supra, 17 Cal.4th at p. 161, 69 Cal. Rptr.2d 917, 948 P.2d 429.)

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