CHILDREN AND THE LAW
...Delinquency Matters
......Certification (Fitness) Hearings
.........Findings & Orders
............Three Strikes
11 Cards On This Topic:

Three Strikes and prior juvenile convictions.

Absence of right to jury trial under juvenile law does not, under Apprendi, preclude use of prior juvenile adjudication of criminal misconduct to enhance maximum sentence for later adult felony offense.

Other jurisdiction conviction deemed 1st or 2d degree for prior-murder special circ. if ••conduct•• satisfied all elements of murder in Cal., whether or not D could be tried here as adult.

Prior juvenile adjudication is a "strike" only if juvenile adjudged ward of juvenile ct. for committing Welf. & Inst. Code §707 (b) offense.

Pending CSC decision to contrary, juvenile adjudication may be used as a strike to enhance adult offender's sentence notwithstanding absence of right to jury trial in delinquency proceedings.

Adjudicating PC 288 (a) violation a strike for an adult but not a juvenile does not violate equal protection.

Prior juvenile adjudication of robbery is strike where current offense committed after Prop. 21. prior juvenile adjudication may constitutionally be used as a strike even though no right to jury trial in juvenile proceedings.

Fact that D was neither afforded nor waived jury trial at prior juvenile adjudication does not prevent use of that adjudication as a strike for purposes of sentencing in current adult proceeding.

Implied finding of fitness sufficient to satisfy Pen. Code §667 (d)(3)(C).

Before prior juvenile adjudication qualifies as strike, M must have been adjudged ward of juv. court for offense listed in Welf. & Inst. Code §707 (b).

Juvenile adjudication for residential burglary constituted strike prior subjecting D to enhanced punishment under three strikes law.