Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes?

California, United States of America


The following excerpt is from People v. Briggs, B166151 (Cal. App. 11/25/2003), B166151. (Cal. App. 2003):

In order for a prior juvenile offense to constitute a prior felony conviction for "Three Strikes" purposes, paragraphs (B)(i) and (B)(ii) require that the offense appear on one of "three statutory lists of offenses: the list in Welfare and Institutions Code section 707(b), which establishes a rebuttable presumption of unfitness for treatment under the juvenile court law for juveniles charged with such offenses . . . ; the list of `serious' offenses in [Penal Code] section 1192.7, subdivision (c); and the list of `violent' offenses in [Penal Code] section 667.5, subdivision (c). The latter two lists delineate . . . the set of offenses that qualify as strikes when they are the subject of a prior adult conviction." (People v. Garcia (1999) 21 Cal.4th 1, 5.) Paragraph (D) sets forth an additional requirement "that in the prior juvenile proceeding giving rise to the qualifying adjudication the juvenile have been adjudged a ward of the court because of a Welfare and Institutions Code section 707(b) offense, whether or not that offense is the same as the offense currently alleged as a strike." (Id . at p. 6.)

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