California, United States of America
The following excerpt is from People v. Stefflre, B267915 (Cal. App. 2017):
determining eligibility under Proposition 36. (See People v. Bartow (1996) 46 Cal.App.4th 1573.) However, citing People v. Guerrero (1988) 44 Cal.3d 343, 355 (Guerrero) and other cases, defendant argues that the court's inquiry into the record is limited to determining "the nature or basis of the crime of which the defendant was convicted." Here, because the trial court made a factual finding regarding his possession and use of a knife that was neither expressly decided by the jury nor necessary to the underlying conviction, defendant argues the court exceeded the bounds of proper inquiry.
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