California, United States of America
The following excerpt is from People v. Hicks, 179 Cal.Rptr.3d 703, 231 Cal.App.4th 275 (Cal. App. 2014):
The factual determination of whether the felon-in-possession offense was committed under circumstances that disqualify defendant from resentencing under the Act is analogous to the factual determination of whether a prior conviction was for a serious or violent felony under the three strikes law. Such factual determinations about prior convictions are made by the court based on the record of conviction. (See People v. Guerrero (1988) 44 Cal.3d 343, 355, 243 Cal.Rptr. 688, 748 P.2d 1150 [in determining facts underlying prior convictions, court may look to entire record of conviction].) And the appellate opinion is part of the record of conviction. ( People v. Woodell (1998) 17 Cal.4th 448, 456, 71 Cal.Rptr.2d 241, 950 P.2d 85.)
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