What is the test for determining whether a prior conviction qualifies as a strike under the Three Strikes law?

California, United States of America


The following excerpt is from People v. Gonzalez, F068060 (Cal. App. 2016):

"Determining whether a prior conviction qualifies as a strike under the Three Strikes law is ... the type of inquiry that judges traditionally perform as part of the sentencing function. Often this determination is purely legal, with no factual content whatever." (People v. Kelii (1999) 21 Cal.4th 452, 456.) "Sometimes the determination

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does have a factual content, just as the question whether convictions were brought and tried separately has a factual content." (Ibid.) "But these factual questions are of limited scope," and the court's determination in such situations is guided by the record of conviction, as defined in People v. Guerrero (1988) 44 Cal.3d 343. (People v. Kelii, supra, 21 Cal.4th at p. 456.)

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