Can a defendant be charged with a charge of assault with intent to cause grievous bodily harm against a defendant who was previously convicted of a minor assault?
California, United States of America
The following excerpt is from People v. Flores, E068512 (Cal. App. 2019):
can only be said that the defendant was previously convicted of a misdemeanor." (People v. Buycks (2018) 5 Cal.5th 857, 889; see id. at pp. 888-890.) Additionally, a prison prior enhancement must be stricken under the Estrada4 rule when, as here, the judgment including the enhancement is not final. (People v. Buycks, supra, at pp. 881-888, 896.)
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