What is the test for determining whether a defendant has a prior serious and/or violent conviction?

California, United States of America


The following excerpt is from People v. Harmless, C066882 (Cal. App. 2012):

it as [forfeited], and pass it without consideration. [Citations.]' [Citation.]" (People v. Stanley, supra, 10 Cal.4th 764, 793; People v. Hovarter (2008) 44 Cal.4th 983, 1029.) We consider defendant's contention forfeited.

Further, defendant has failed to make any showing of an abuse of discretion in the denial of his Romero motion. "[I]n ruling whether to strike or vacate a prior serious and/or violent felony conviction allegation or finding under the Three Strikes law, on its own motion, 'in furtherance of justice' pursuant to Penal Code section 1385(a), or in reviewing such a ruling, the court in question must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the scheme's spirit, in whole or in part, and hence should be treated as though he had not previously been convicted of one or more serious and/or violent felonies." (People v. Williams (1998) 17 Cal.4th 148, 161.)

Other Questions


What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)
When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)
What is the test for determining whether a defendant has a history of serious and/or violent felony convictions? (California, United States of America)
Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
What is the test for determining whether a defendant has a "serious" prior felony conviction? (California, United States of America)
What is the test for determining whether a defendant has a history of serious and/or violent felony convictions under the Three Strikes scheme? (California, United States of America)
What factors will determine whether a defendant has a history of serious and/or violent felony convictions? (California, United States of America)
Does a prior conviction for evading police and child endangerment have any bearing in determining whether a defendant should be convicted of burglary? (California, United States of America)
What factors have been considered in determining whether to increase a defendant's sentence based on a prior serious felony conviction? (California, United States of America)
What is the test for determining whether a defendant's prior conviction was for a serious felony within the meaning of the three strikes law? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.