Roberts

We address in this case whether the evidence was sufficient for the court to find that a prior felony conviction of second degree assault from *1112 the State of Washington constituted a strike for purposes of imposing an enhanced punishment under the “Three Strikes” law. This question requires us in turn to determine the admissibility of (1) the transcript of the Washington prosecutor’s recitation of the alleged facts underlying the crime, which was received under the adoptive admission exception to the hearsay rule, and (2) the transcripts of the unsworn statements of others made after the court accepted the guilty plea, admitted as constituting part of “the entire record of the conviction” which may be considered to prove a strike allegation. (People v. Guerrero (1988) 44 Cal.3d 343, 352 [ 243 Cal.Rptr. 688 , 748 P.2d 1150 ] (Guerrero).)

Defendant Michael Roberts pleaded guilty to assault upon a peace officer, grand theft, and evading an officer. He also admitted the Washington conviction, but denied that it constituted a strike. The court found the strike allegation true and sentenced defendant—utilizing the prior strike to calculate the sentence—to an aggregate…