What is the current version of the "least adjudicated elements" test?

California, United States of America


The following excerpt is from People v. Mobley, 72 Cal.App.4th 761, 85 Cal.Rptr.2d 474 (Cal. App. 1999):

"Under the current version of the 'least adjudicated elements' test, the trier of fact may consider the entire record of the proceedings leading to the prior conviction to determine whether the prior offense 'involved conduct which satisfies all of the elements of the comparable California serious felony offense.' [Citation.] If not precluded by the rules of evidence or other statutory limitations, the trier of fact may go beyond the least adjudicated elements of the offense and consider evidence found within the entire record of the foreign conviction. (Citation.)" (People v. Purata, supra, 42 Cal.App.4th at p. 493, 49 Cal.Rptr.2d 664.)

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