Does a prior conviction of a criminal offence have to be considered a factor in determining a defendant's sentence?

California, United States of America


The following excerpt is from Padilla v. State Personnel Bd., 10 Cal.Rptr.2d 849, 8 Cal.App.4th 1136 (Cal. App. 1992):

More analogous is People v. Guerrero (1988) 44 Cal.3d 343, 243 Cal.Rptr. 688, 748 P.2d 1150, which concerned a statute, similar to that at issue, which imposed an enhanced sentence for the prior conviction of a burglary [8 Cal.App.4th 1141] of a residence, a fact not within the least adjudicated elements of the burglary. The court held that "in determining the truth of a prior-conviction allegation, the trier of fact may look to the entire record of the conviction." (Id. at p. 345, 243 Cal.Rptr. 688, 748 P.2d 1150.)

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