Can the prosecution sustain its burden of proving that defendant suffered a prior strike conviction?
California, United States of America
The following excerpt is from People v. Ellison, F061093 (Cal. App. 2012):
In light of the foregoing, we conclude the trial court, as a rational trier of fact, could have found the prosecution sustained its burden of proving, beyond a reasonable doubt, that defendant suffered a prior strike conviction. (See People v. Delgado, supra,
Page 57
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If the record is silent and the appellant has failed to sustain his burden of proving error, what is the test for striking a prior felony conviction? (California, United States of America)
Can a defendant appeal his prior conviction for assault against a judge's decision not to strike one or more of his prior convictions? (California, United States of America)
If the prosecution seeks to prove a prior conviction by presenting evidence against a person who is not a defendant in a civil case, can the prosecution rely on the testimony of a witness not in the witness box? (California, United States of America)
Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (California, United States of America)
What is the burden of proving a defendant's prior conviction in a sexual assault case? (California, United States of America)
Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (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)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
When a defendant is convicted of murder, and has a prior strike conviction, can he be sentenced to a second life term? (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)
