What is the record of defendant in his appeal against his conviction for assault with a deadly weapon and receipt of stolen property?

California, United States of America


The following excerpt is from The People v. Bess, C062417, CM030490, CM030528 (Cal. App. 2010):

The record also undermines defendant's claim that his prior felony convictions should not have carried much weight because they were too remote. Defendant was convicted of assault with a deadly weapon in February 1999 and of receipt of stolen property in November 2004. Defendant committed other crimes for which he was convicted in 1990, 1993, 1995, 1996, and 2008. Commencing in 1999, he was sentenced to state prison for four years; and he was again sentenced to prison for three years in 2004. Therefore, his prior felonies were simply a continuation of a life of crime and cannot be considered too remote for consideration of the upper term. (See People v. Beagle (1972) 6 Cal.3d 441, 453 [for a prior conviction to be excluded as remote, in the interim the defendant must have led a "^legally blameless life'"].)

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