California, United States of America
The following excerpt is from People v. Gomez, F070393 (Cal. App. 2016):
While appellant relies on People v. Wilson (2013) 219 Cal.App.4th 500 for the proposition that the court could not resolve questions regarding appellant's conduct by referring to the broader record of conviction, that case is not controlling. "Cases limiting consideration to the elements of the offense and evidence presented to the trier of fact do not constrain a court where, as here, the issue is eligibility for a lesser sentence than the one already properly imposed." (Blakely, supra, 225 Cal.App.4th at p. 1063.) "It follows that a trial court determining eligibility for resentencing under the Act is not limited to a consideration of the elements of the current offense and the evidence that was presented at the trial (or plea proceedings) at which the defendant was convicted. Rather, the court may examine relevant, reliable, admissible portions of the record of conviction to determine the existence or nonexistence of disqualifying factors." (Ibid.)
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