People v. Alfaro

Opinion

BROUSSARD, J.

In People v. Jackson (1985) 37 Cal.3d 826 [210 Cal.Rptr. 623, 694 P.2d 736] (hereafter Jackson), we stated that in proving a prior conviction was a “serious felony” for the purpose of the five-year enhancement under Penal Code sections 667 and 1192.7,1 proof was limited to matters necessarily established by the prior conviction. The Court of Appeal in this case characterized Jackson’s reasoning as dictum and refused to follow it. The question before us is simply whether we should adhere to our prior decision or abandon it.

Defendant was convicted of robbery. The trial court…