What is the test for determining whether a defendant has a prior strike against the Three Strikes law?

California, United States of America


The following excerpt is from People v. Petitta, H040178 (Cal. App. 2014):

As the United States Supreme Court stated: "The duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it." (Mills v. Green (1895) 159 U.S. 651, 653.) Here, the trial court struck both prior strike allegations and thus the issues raised by defendant are moot. Accordingly, we do not consider defendant's challenges to the Three Strikes law.

Other Questions


What is the test for determining whether a prior conviction qualifies as a strike under the Three Strikes law? (California, United States of America)
What is the test for determining whether a defendant has at least one qualifying strike under the Three Strikes Act? (California, United States of America)
What is the test for determining whether a defendant's prior conviction was for a serious felony within the meaning of the three strikes law? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
In what circumstances will the trial court deny defendant's motion to strike a prior conviction under the Three Strikes Act? (California, United States of America)
When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)
What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)
Does a defendant have a right to a jury trial to determine whether his prior conviction qualifies as a strike? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.