Reed

People v. Reed

Bad Law
1995 Cal. App. LEXIS 350·33 Cal. App. 4th 1608·40 Cal. Rptr. 2d 47·95 Daily Journal DAR 4679·95 Cal. Daily Op. Serv. 2733
Court of Appeal of CaliforniaApril 13, 1995A067015California1,186 words

Opinion

Opinion

King, J.

I. Introduction

Terrell Javon Reed is a “second strike” defendant under California’s new “Three Strikes” law: he has been convicted of robbery (his second strike), and he has a prior conviction for residential burglary (his first strike). He contends the court erred in employing the Three Strikes law to impose twice the base term for the robbery because his first strike predated the law’s enactment. We hold that the Three Strikes law applies to prior felony convictions predating its enactment, and we affirm the judgment.

II. Background

A jury convicted Reed of first degree robbery (Pen. Code, §§ 211, 212.5) and unauthorized entry (Pen. Code, § 602.5) committed on March 14, 1994. In addition, he pleaded guilty to second degree burglary (Pen. Code, §§ 459, 460) committed on February 12, 1994. The court found he had a 1992 conviction for residential burglary, which was alleged as an enhancement under the provisions of the Three Strikes law subjecting a second strike defendant to twice the base term. (Pen. Code, § 667, subd. (e); see People v. Jackson (1995) (Cal.App.).) The court imposed the middle term of eight years for the robbery—that is, a four-year term doubled…

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