CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......Multiple Hearsay
.........Trials on Prior Convictions
 14 Cards On This Topic:
  • Manner of proving prior convictions.
  • Trial court, during court trial on prior, properly admitted faxed copy of AL indictment page where DA introduced other evidence sufficient to sustain a finding of authenticity; document supported serious felony finding for 3 Strikes purposes.
  • Trial court correctly declined to consider D's statement re knife use, included in PO's report of prior conviction, and later stricken in plea bargain, in determining prior conviction was not a serious Three Strikes felony.
  • In determining whether a foreign conviction satisfies the minimum elements of a "serious felony" in Cal., trial court may examine the entire record of the prior conviction; judicial decisions have full retroactive effect.
  • In determining whether out-of-state conviction qualifies as prior serious felony under Cal. law, record of conviction extends to ••appellate•• record, including appellate opinion.
  • Entire record of conviction admissible in prior conviction or sentencing enhancements.
  • While O's testimony as to what nurse said to him fell w/in former testimony exception, nurse's statement came w/in no exception, and O's testimony therefore inadmissible and not to be relied upon by trial court.
  • D may not challenge prior out of state conviction on Boykin/Tahl grounds in absence of evidence convicting jurisdiction required Tahl-like procedural formalities.
  • O's testimony in prelim. hearing transcript re prior conviction could not be admitted to prove prior was strike as it came within no exception to hearsay rule.
  • Transcript of D's plea sufficient to satisfy Guerrero and support court's finding that prior conviction for assault constituted strike.
  • Court cannot look beyond record of conviction to prelim. hearing transcript to prove prior conviction was serious felony strike.
  • Court prejudicially erred in relying on inadmissible evidence to reach finding on 2d strike for sentencing.
  • Noncapital D may move to strike prior on Boykin/Tahl grounds despite Custis; must meet waiver standard.
  • Refusal to admit transcript of prior testimony from jury trial on prior conviction prejudicial error.


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