What is the current state of the law on prior criminal convictions?

2 Until recently, it was the exclusive position of the courts. People v. Allen (1995) 39 Cal.App.4th 1513, 46 Cal.Rptr.2d 569 reached the contrary result; our majority opinion ably addresses that case.

3 All statutory references are to the Penal Code, unless otherwise indicated.

4 To use our dissenting colleague's People v. Eckstrom approach (People v. Eckstrom (1974) 43 Cal.App.3d 996, 118 Cal.Rptr. 391), a Category II attorney would not show the same concern about a 1-year or 5-year prior conviction enhancement as he or she would show toward a 25-year prior conviction enhancement.