People v. Newell CA5

INTRODUCTION

Defendant Arthur Del Martaikawadza Newell pleaded no contest to possession of ammunition, after having been previously convicted of felonies, and agreed to a court trial as to whether his prior Oregon convictions were “strikes” under the “Three Strikes” law (Pen. Code,1 §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). The trial court ruled that the prior convictions were strike offenses under California law and, after striking the convictions, placed defendant on a two-year term of probation. Defendant argues that the evidence was insufficient to prove that his prior Oregon convictions were serious felony convictions under California law. The People concede that the trial court’s decision was not supported by sufficient evidence. We accept the concession and remand for the prosecution to decide whether to seek retrial of the prior strike conviction allegations.

PROCEDURAL AND FACTUAL BACKGROUND

The District Attorney of Kern County filed an information on September 1, 2023, charging defendant with possession of a firearm after having been previously convicted of a felony (§ 29800, subd. (a)(1)) and possession of ammunition after having been previously convicted of…