Does the prosecutor have to provide supporting documentation to support a finding that a prior conviction of assault is a serious felony?

The cases cited by defendant do not support a contrary result. In People v. Encinas (1998) 62 Cal.App.4th 489, the prosecutor did introduce supporting documentation, but the appellate court found it to be insufficient to support a finding the prior conviction constituted a serious felony. In so ruling, the court rejected the Attorney General's assertion "the trial court, in considering appellant's earlier motion to dismiss the allegations, may have learned facts establishing how the subject assault was committed," because "[e]ven if true, that did not relieve the district attorney of his burden to prove at trial the truth of the allegations." (Id. at p. 492.)

In People v. Crane, supra, 142 Cal.App.4th 425, after charging the defendant with violating Vehicle Code section 23152, the prosecution successfully moved to add an allegation he had suffered a prior conviction of that crime in Colorado. The documents attached to the motion reflected the defendant had actually been convicted of driving while ability impaired. Once the jury returned guilty verdicts on the charged crimes, the defendant admitted suffering the Colorado conviction, but denied it qualified as a drunken driving conviction under California law. The trial court used the prior conviction to enhance the defendant's sentence relying on the language of the Colorado statute without receiving any further documentation.