Court May Consider Facts Admitted as Basis of Prior Plea.

When a defendant faces a possible sentence enhancement based on a prior conviction out of state, the question is whether the definitions and elements of a crime in another state meet the California definitions or requirements to permit the out-of-state conviction to “count” as a prior strike, prior serious felony, etc.  In looking at the prior record, the Sixth Amendment right to confront one’s accuser limits what a California court can legally consider.  People v. Gallardo, a 2017 California Supreme Court case, set such limits, but allows a court here to consider those facts admitted by defendant in another state as part of the plea colloquy.  What does this include?  To read more about this issue, please click on the following link –

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