California v. Nguyen

Defendant Dinh Van Nguyen had a prior first degree burglary conviction which qualified as: (1) a “strike” prior; (2) a one-year prior prison term enhancement; and (3) a five-year prior serious felony conviction enhancement. The information in this case contained one paragraph alleging the fact of the prior and citing the statute that defined a strike. It also contained a second paragraph realleging the fact of the prior and citing the statute that defines a prior prison term enhancement. However, it never specifically alleged a prior serious felony conviction enhancement. Defendant admitted the fact of the prior; he did not expressly admit its legal effect. Then, at sentencing, the trial court used the prior as a strike and as a prior serious felony conviction enhancement, and defense counsel did not object. The Court of Appeal concluded the trial court erred by imposing the prior serious felony conviction enhancement. View "California v. Nguyen" on Justia Law