Morgan

People v. Morgan

Good Law
109 Cal. Rptr. 2d 290·90 Cal. App. 4th 853
Court of Appeal of CaliforniaAugust 15, 2001C030469California3,637 words

Opinion

Opinion

BLEASE, Acting P.J.

This case involves the validity of defendant's admission of two 30-year-old felony convictions, as "strikes," charged as violations of a section of the Arkansas criminal statutes which did not exist at the time of the alleged convictions.

On the day scheduled for trial defendant pleaded no contest to inflicting corporal injury on a cohabitant (Pen.Code, § 273.5, subd. (a)) [1] and admitted, as "strikes" (§ 1170.12), two Arkansas kidnapping convictions, charged as violations of "Section 5-11-102 of the Arkansas Criminal Code...." In return for his plea, the remaining count of arson (§ 451, subd. (b)) and two other counts alleged as strikes, were dismissed. The trial court, in the absence of the record of the Arkansas convictions, denied relief under People v. Superior Court (Romero ) (1996) 13 Cal.4th 497 , 53 Cal.Rptr.2d 789 , 917 P.2d 628 and imposed a term of 25 years to life in state prison.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requested review by this court pursuant to People v. Wende (1979) 25 Cal.3d 436 , 158 Cal.Rptr. 839 , 600 P.2d 1071 . Defendant was advised by…

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