Does the Attorney General have to reverse or remand a finding of a strike finding?
California, United States of America
The following excerpt is from People v. Perez, C075717 (Cal. App. 2016):
The Attorney General bases her defense of the strike finding entirely on the fact that defendant admitted the allegations of the indictment. As noted, the record does not support that argument. Accordingly, we must reverse the strike finding and remand. (See People v. Barragan (2004) 32 Cal.4th 236, 239, 259 [retrial of strike allegation permissible where appellate court reverses for insufficient evidence].)
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