California, United States of America
The following excerpt is from People v. Moncada, C059057 (Cal. App. 11/13/2009), C059057 (Cal. App. 2009):
While remoteness of a prior conviction tends to lessen its value as a predictive factor of a defendant's behavior, this is not necessarily so when the conviction has not been followed by a blameless life. (People v. Mendoza (2000) 78 Cal.App.4th 918, 925-926.) Here, defendant's prior convictions were in 1999 and 2001, and each involved violence. He was sentenced to prison on August 8, 2001, paroled June 26, 2002, and discharged from parole on June 26, 2005. He committed the overt acts in furtherance of the instant conspiracy conviction in May of 2006, less than one year after his discharge from parole. Since the record utterly fails to demonstrate any substantial period of a blameless life between the felony assaults in 1999 and 2001 and the commission of the instant offenses, the prior convictions should not be considered remote.
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