Does a prior auto theft conviction need to be treated as a "felony involving theft"?
California, United States of America
The following excerpt is from People v. Foreman, 174 Cal.App.3d 175, 219 Cal.Rptr. 759 (Cal. App. 1985):
"[I]n People v. Barrick (1982) 33 Cal.3d 115 [187 Cal.Rptr. 716, 654 P.2d 1243], we held that in a case charging auto theft, the trial court erred in 'sanitizing' a prior auto theft conviction by calling it a 'felony involving theft.' " (Id., at p. 308, 211 Cal.Rptr. 719, 696 P.2d 11.)
"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
In a motion to strike a serious prior felony conviction in the interest of justice, how have the courts treated prior criminal convictions in the context of the application? (California, United States of America)
Can a witness be impeached in a criminal case if he is convicted of a prior felony conviction involving moral turpitude? (California, United States of America)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
Is it permissible to use a prior conviction for petit theft under section 666 of section 667 of the California Criminal Code to elevate the theft to a felony? (California, United States of America)
Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
How have courts treated allegations that a defendant has three prior serious felony convictions and served a prior prison term? (California, United States of America)
How have the courts treated a motion to separate two prior convictions from one prior conviction? (California, United States of America)
