People v. Fessler CA2/6

DISCUSSION

Fessler asserts that the documents in exhibit 13B predate his 2019 strike conviction and concern earlier convictions for other crimes. He adds that exhibit 13A contains no identifying information, such as a photograph or fingerprints. Fessler has not forfeited his argument that insufficient evidence supports the finding of the serious felony strike conviction. “[A] defendant cannot forfeit ‘his right to challenge the sufficiency of the evidence on which [a strike] allegation was found true until it was found true, and, then, only by failing to file a timely notice of appeal.’ ” (People v. Hiller (2023) 91 Cal.App.5th 335, 345.) The prosecution bears the burden of establishing beyond a reasonable doubt that the defendant has suffered a prior strike conviction. (People v. Brucker (1983) 148 Cal.App.3d 230, 241.) The prosecution may meet this burden by introducing into evidence several types of evidence: certified copies of prison records pursuant to section 969b; certified copies of minute orders; or a certified copy of the abstract of judgment, among other documents. (Ibid.) Here the certified February 7, 2019, minute order establishes that Fessler pleaded nolo…