Laino
People v. Laino
Opinion
Opinion
Moreno, J.
In 1992, defendant pleaded guilty in Arizona to an aggravated assault with a handgun against his wife. As a condition of probation, he successfully completed a domestic violence “diversion” program in Arizona, which resulted in a judgment of dismissal. He argues that the Arizona judgment of dismissal effectively negated his earlier guilty plea under Arizona law, precluding its use as a prior conviction in the current proceeding. He also argues that the full faith and credit clause of the United States Constitution (U.S. Const., art. IV, § 1) precludes our court from deciding, under California law, whether his Arizona guilty plea constitutes a “strike” under California’s three strikes law.
We granted review to resolve the following issues: (1) whether California must give full faith and credit to the Arizona judgment of dismissal and thus decide, under Arizona law, whether defendant suffered a prior conviction for purposes of California’s three strikes law; and (2) assuming California law applies, whether the Arizona guilty plea, followed by a dismissal upon the completion of probation, constitutes a prior conviction under the three strikes law.