People v. Myers

Opinion

BAXTER, J.

We are asked to decide whether a jury or, if jury trial has been waived, the court may look beyond the statutory elements of a crime of which a defendant was convicted in another state and consider the record of the prior conviction to determine whether the term “enhancement” created by Penal Code section 667, subdivision (a) (hereafter section 667(a)), 1 has been established.

The Court of Appeal, believing that the question was governed by People v. Crowson (1983) 33 Cal.3d 623 [190 Cal.Rptr. 165, 660 P.2d 389], held that a section 667(a) enhancement may be based on…