Legal Opinion
People v. Superior Court (Arevalos)
California Court of Appeal
Decided January 4, 1996No. D024711PublishedCited by 13 opinions
1Opinion of the Court
Opinion
HUFFMAN, J.
On the motion of real party in interest, defendant Jose Arevalos, respondent superior court struck a “second strike” allegation (Pen. Code, 1 § 667, subds. (b)-(i); Stats. 1994, ch. 12, §§ 1-2). The People petition for writ relief, contending that there is no requirement that strike prior convictions be based on charges “brought and tried separately.” We agree.
Factual and Procedural Background
The complaint charged Arevalos with battery by a prisoner (§ 4501.5) and two strikes: March 3, 1994, convictions under sections 664 and 187, erroneously referred to as second degree…
2Cases cited12 opinions
- People v. Lance W.California Supreme Court · 1985
- People v. WeidertCalifornia Supreme Court · 1985
- People v. RamirezCalifornia Court of Appeal · 1995
- In Re HarrisCalifornia Supreme Court · 1989
- Kaiser Steel Corp. v. County of SolanoCalifornia Court of Appeal · 1979
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. FuhrmanCalifornia Supreme Court · 1997
- People v. BensonCalifornia Supreme Court · 1998
- Isaac Ramirez v. R.A. Castro, WardenCourt of Appeals for the Ninth Circuit · 2004
- Thompson v. Superior CourtCalifornia Court of Appeal · 2001
- People v. Bilbrey, California Court of Appeal, 5th District2018
8 more not listed; retrieve them via the Exa API.