When is a Prior Conviction Outside California a Strike?

It may come as quite a surprise to some that a conviction for, for example, residential burglary outside California can be considered a prior strike for purposes of sentencing later in California under the Three Strikes Act. The 2017 case of People v. Gallardo is the most recent case on this issue that changed the law on how a California judge is supposed to evaluate whether an out-of-state conviction meets the same elements required for a conviction in California for such a crime. To see how Gallardo is applied to a recent California case with robbery conivctions in North Dakota, please click on the following link – https://www.greghillassociates.com/when-is-prior-conviction-outside-california-a-strike.html

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