What is the test for determining whether a defendant has a "serious" prior felony conviction?

California, United States of America


The following excerpt is from People v. Valenzuela, 10 Cal. Daily Op. Serv. 16, 119 Cal.Rptr.3d 340, 191 Cal.App.4th 316, 2010 Daily Journal D.A.R. 19 (Cal. App. 2010):

Defendant's 2000 conviction was determined by the court to be a qualifying "serious" prior felony conviction, requiring his sentence in the current proceeding to be doubled. ( 1170.12, subds. (b)(1), (c)(1).) Section 1192.8 defines a "serious" felony as including "any violation of ... subdivision (b) of Section 23104 ... of the Vehicle Code, when any of these offenses involve the personal infliction of great bodily injury on any person other than an accomplice ...." ( 1192.8, subd. (a), italics added.) The People had the burden to prove each of the elements of this definition beyond a reasonable doubt. (See People v. Henley (1999) 72 Cal.App.4th 555, 562, 85 Cal.Rptr.2d 123.)

Other Questions


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 been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (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)
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)
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 is the test for determining whether a defendant has a prior serious and/or violent conviction? (California, United States of America)
How have courts treated allegations that a defendant has three prior serious felony convictions and served a prior prison term? (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 Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.