What is the test for determining whether a defendant has a criminal history of a prior criminal conviction?
California, United States of America
The following excerpt is from People v. Smith, C075691 (Cal. App. 2015):
weight" to inherent statutory factors (such as the background, character, and prospects of a defendant, as well as the nature and circumstances of the present and previous felony convictions) and ignoring any factors extrinsic to the statute. (People v. Williams (1998) 17 Cal.4th 148, 159, 161.)
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