What is the test for determining if a prior conviction constitutes a qualifying strike for purposes of the Three Strikes law?

California, United States of America


The following excerpt is from People v. Houck, 66 Cal.App.4th 350, 77 Cal.Rptr.2d 837 (Cal. App. 1998):

In determining if a prior conviction constitutes a qualifying strike for purposes of the Three Strikes law, the trial court may look to "the entire [66 Cal.App.4th 355] record of conviction 'but no further.' " (People v. Reed (1996) 13 Cal.4th 217, 226, 52 Cal.Rptr.2d 106, 914 P.2d 184, cert. den. 519 U.S. 873, 117 S.Ct. 191, 136 L.Ed.2d 128, original italics, quoting People v. Guerrero (1988) 44 Cal.3d 343, 355, 243

Page 840

A. Transcript as Part of the "Record of Conviction"

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