In re Milton

Opinion of the Court by Jenkins, J.

In 1987, petitioner William Milton was convicted of two robberies in Illinois. In 1999, he was convicted of robbery in California, and the prosecution sought an enhanced sentence on the ground the two Illinois robbery convictions were “serious felony” convictions that were also “strikes” under the “Three Strikes” law (Pen. Code,1 §§ 667, subds. (b)–(j), 667.5, subd. (c), 1170.12, subd. (a)). Because an out-of-state robbery qualifies as a serious felony only if it “includes all of the elements of [a California robbery]” (§§ 667, subd. (d)(2); see 1192.7, subd. (19)), which an Illinois robbery does not, the prosecution asserted the Illinois robberies were serious felonies under section 1192.7, subdivision (c)(8) and (23), which provide that any felony in which the defendant personally uses a firearm or a dangerous or deadly weapon is a serious felony. After reviewing the record from the Illinois robbery cases, including the charging document and sentencing hearing transcript, the trial court found petitioner used a firearm in committing both Illinois robberies and imposed a third strike sentence. The Court of Appeal affirmed the judgment, and we…