In Re Rogers

Opinion

BIRD, C. J.

This court must decide whether the Board of Prison Terms (Board) may utilize a constitutionally defective prior conviction in a serious offender hearing held pursuant to Penal Code section 1170.2, subdivision (b),1 to specifically add three years to a determinate *432sentence of a prisoner who was originally sentenced under the old Indeterminate Sentence Law.

I

In 1971, petitioner entered guilty pleas in the Los Angeles Superior Court to two counts of Penal Code section 288. He was sentenced to state prison and paroled from there in 1975. In 1976, petitioner was convicted by a…