What is the test for determining whether a felon-in-possession conviction was for a serious or violent felony under the Three Strikes Reform Act?

California, United States of America


The following excerpt is from Johnson v. Superior Court of Sacramento Cnty., C073091 (Cal. App. 2014):

The factual determination of whether the felon-in-possession offense was committed under circumstances that disqualify defendant from resentencing under the Three Strikes Reform Act is analogous to the factual determination of whether a prior conviction was for a serious or violent felony under the Three Strikes law. Such factual determinations about prior convictions are made by the court based on the record of conviction. (See People v. Guerrero (1988) 44 Cal.3d 343, 355 [in determining facts underlying prior convictions, court may look to entire record of conviction].) And the appellate opinion is part of the record of conviction. (People v. Woodell (1998) 17 Cal.4th 448, 456.)

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