People v. Kelii

Opinion

CHIN, J.

In People v. Wiley (1995) 9 Cal.4th 580 [38 Cal.Rptr.2d 347, 889 P.2d 541] (Wiley), we held that the court, rather than the jury, determines whether prior serious felony convictions were brought and tried separately. In this case, we address an issue we left open in People v. Woodell (1998) 17 Cal.4th 448, 460-461 [71 Cal.Rptr.2d 241, 950 P.2d 85]: whether the court or the jury determines if a prior felony conviction qualifies as a “serious felony” for purposes of the “Three Strikes” law. (Pen. Code, §§ 667, subd. (d)(1), 1170.12, subd. (b)(1).)1 Both Wiley and this case turn…