Is a prior conviction in another jurisdiction sufficient to constitute a strike under the Three Strikes Act?

California, United States of America


The following excerpt is from People v. Thompson, C083629 (Cal. App. 2018):

" ' "In order for a prior conviction from another jurisdiction to qualify as a strike under the Three Strikes law, it must involve the same conduct as would qualify as a strike in California" ' [citation], and the statutory elements of the foreign crime must include all the elements of the California strike offense [citation]. 'There is, however, no guarantee the statutory definition of the crime in the other jurisdiction will contain all the necessary elements to qualify as a predicate felony in California.' [Citation.] Thus, if the foreign law can be violated in different ways, and ' "the record does not disclose any of the facts of the offense actually committed, the court will presume that the prior conviction was for the least offense punishable under the foreign law." ' " (People v. Denard (2015) 242 Cal.App.4th 1012, 1024.)

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