(Download) "People V. Kelii" by California Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: People V. Kelii
- Author : California Supreme Court
- Release Date : January 19, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In People v. Wiley (1995) 9 Cal.4th 580 (Wiley), we held that the court, rather than the jury, determines whether prior serious felony convictions were brought and tried separately. In this case, we address an issue we left open in People v. Woodell (1998) 17 Cal.4th 448, 460-461: whether the court or the jury determines if a prior felony conviction qualifies as a "serious felony" for purposes of the "Three Strikes" law. (Pen. Code, §§ 667, subd. (d)(1), 1170.12, subd. (b)(1).) *fn1 Both Wiley and this case turn primarily on an interpretation of sections 1025 and 1158. We conclude that the court, not the jury, determines whether a conviction is serious.
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