Level

People v. Level

Good Law
119 Cal. Rptr. 2d 551·2002 Cal. App. LEXIS 4017·2002 Daily Journal DAR 4539·97 Cal. App. 4th 1208·2002 Cal. Daily Op. Serv. 3600
Court of Appeal of CaliforniaApril 24, 2002No. B149442California2,610 words

Opinion

Lead Opinion

Perren, J.

Donna Level appeals from an order denying her motion to strike a prior conviction. Convicted in 1987 as an adult, appellant was actually 17 years old at the time she committed the charged offense, a fact not disclosed in that earlier proceeding. She now' contends that the prior conviction should be treated as a juvenile adjudication and, if so treated, that it does not qualify as a “strike.”

We conclude that any right to a juvenile court disposition of an action following an adult conviction must be asserted while the trial court in that *1210 action still has jurisdiction over the matter. Accordingly, we agree with the trial court in this case that appellant has waived any right to have her prior conviction treated as a juvenile adjudication. We also conclude that appellant is estopped from challenging the court’s jurisdiction to convict and sentence her as an adult in the prior action. We affirm.

Procedural History

Appellant was charged by information with one count of grand theft (Pen. Code, 1 § 487, subd. (a)), and two counts of forgery (§ 475, subd. (c)). A prior strike conviction for robbery (§211) was alleged. The record reflects that appellant was convicted of…

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