Does a court have to review the record of a prior conviction to determine whether a defendant committed certain conduct, even though it was not an element of the crime?

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.)

Other Questions


On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (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)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
When a defendant is convicted of multiple crimes arising out of the same act or an indivisible course of conduct, can they be convicted of more than one of the crimes? (California, United States of America)
In what circumstances will the court order an independent review of the record in determining whether a defendant has a right to exercise his privacy? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a jury convicted a defendant of first degree murder based on a jury finding that he committed the crime through a nonviolent Jamaican switch rather than through use of a gun? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
In what circumstances will a jury consider a defendant's prior armed robbery convictions as an aggravating factor in determining that he committed two other crimes? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.