People v. Gonzales

This appeal is from a retrial of a strike allegation, which was reversed by the United States District Court in habeas corpus proceedings following our state appellate court’s affirmance of the true findings. During the retrial, the prosecution presented additional evidence and the trial court again found that defendant Steven Michael Gonzales’s prior conviction qualified as a strike. He appeals contending that the retrial of his strike allegation was barred by double jeopardy principles. Furthermore, in supplemental briefing he challenges the trial court’s admission of the preliminary hearing transcript from one of defendant’s prior cases as part of the record of his conviction of a prior serious felony.

PROCEDURAL BACKGROUND

The information filed on April 17, 1997, in case No. FWV012454 charged two criminal law violations: count 1, a violation of Penal Code section 245, subdivision (a)(2), and count 2, a violation of section 12021, subdivision (a)(1). It was further alleged, with respect to count 1, that defendant personally used a firearm, within the meaning of sections 12022.5, subdivision (a) and 1203.06, subdivision (a)(1), and that he suffered three prior prison…