Woodell

In determining whether an out-of-state conviction qualifies as a prior serious felony conviction under California law, the trier of fact may *451 look to the entire record of the conviction but no further. (People v. Myers (1993) 5 Cal.4th 1193, 1195 [ 22 Cal.Rptr.2d 911 , 858 P.2d 301 ]; People v. Guerrero (1988) 44 Cal.3d 343, 355 [ 243 Cal.Rptr. 688 , 748 P.2d 1150 ].) The question here is whether the appellate opinion disposing of the appeal in the case is part of the record of the conviction for this purpose. Specifically, we must decide whether the jury was entitled to consider the appellate opinion to. help determine whether the conviction was based upon personal use of a deadly weapon, a requirement for the sentencing provision involved here.

We conclude the record of the conviction is not limited to the trial court record but extends to the appellate court record, including the appellate opinion. The trier of fact in this case properly considered the appellate opinion to help determine the existence and nature of the defendant’s prior conviction. Accordingly, we affirm the judgment of the Court of Appeal.

I. The Facts

An information charged defendant, Russell…

In determining the truth of a prior conviction allegation involving the character of the defendant’s conduct as well as the nature of his crime, the trier of fact may look to the “record of the conviction,” and only to the “record of the conviction.” So did we hold in People v. Guerrero (1988) 44 Cal.3d 343, 355 [ 243 Cal.Rptr. 688 , 748 P.2d 1150 ] (hereafter sometimes Guerrero). That is the rule for all prior convictions, whether suffered outside California or within. (People v. Myers (1993) 5 Cal.4th 1193, 1195 [ 22 Cal.Rptr.2d 911 , 858 P.2d 301 ].)

Although the majority rightly conclude that the “record of the conviction” includes an opinion by a reviewing court disposing of an appeal from a judgment of conviction, they wrongly apply it to the facts of this case.

I

By information, the People charged defendant in the superior court with the serious felony of residential burglary. To bring the cause within the *462 so-called “Three Strikes” law, they alleged, in substance, that he had previously been convicted of two serious felonies in North Carolina, that is, breaking or entering and assault with a deadly weapon with intent to kill inflicting serious injury. They also…

In determining whether an out-of-state conviction qualifies as a prior serious felony conviction under California law, the trier of fact may look to the entire record of the conviction but no further. ( People v. Myers (1993) 5 Cal.4th 1193, 1195 [ 22 Cal. Rptr.2d 911 , 858 P.2d 301 ]; People v. Guerrero (1988) 44 Cal.3d 343, 355 [ 243 Cal. Rptr. 688 , 748 P.2d 1150 ].) The question here is whether the appellate opinion disposing of the appeal in the case is part of the record of the conviction for this purpose. Specifically, we must decide whether the jury was entitled to consider the appellate opinion to help determine whether the conviction was based upon personal use of a deadly weapon, a requirement for the sentencing provision involved here.

We conclude the record of the conviction is not limited to the trial court record but extends to the appellate court record, including the appellate opinion. The trier of fact in this case properly considered the appellate opinion to help determine the existence and nature of the defendant's prior conviction. Accordingly, we affirm the judgment of the Court of Appeal.

An information charged defendant, Russell D.…