California, United States of America
The following excerpt is from Lowe v. Superior Court of San Joaquin Cnty., 175 Cal.Rptr.3d 253 (Cal. App. 2014):
In the analogous exercise of considering the record of a prior conviction to determine whether a defendant committed certain conduct, even though it was not an element of the crime, the court's review of the record of conviction does not violate double jeopardy. "To allow the trier to look to the record of the convictionbut no furtheris ... fair: it effectively bars the prosecution from relitigating the circumstances of a crime committed years ago and thereby threatening the defendant with harm akin to double jeopardy and denial of speedy trial." ( People v. Guerrero, supra, 44 Cal.3d at p. 355, 243 Cal.Rptr. 688, 748 P.2d 1150, italics omitted.)
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