People v. Franklin
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
DIBIASO, Acting P. J.
We hold that a qualifying prior felony conviction is a strike under the three strikes laws even though the felony is later reduced to a misdemeanor pursuant to Penal Code section 17, subdivision (c).
Statement of the Case
Appellants Shirley Ann Franklin and Sherry Marie Marquez were convicted by jury verdict of two counts of first degree burglary (Pen. Code, 1 §§ 459/460, counts 1 and 2) and four counts of vehicle theft (Veh. Code, § 10851, counts 3 through 6). The jury also found true section 667.9 enhancement allegations appended to counts 1 and 2. 2
Franklin…
2Cases cited14 opinions
- People v. Superior CourtCalifornia Supreme Court · 1997
- People v. HernandezCalifornia Supreme Court · 1988
- Williams v. Superior CourtCalifornia Supreme Court · 1993
- Grupe Development Co. v. Superior CourtCalifornia Supreme Court · 1993
- Los Angeles Police Protective League v. City of Los AngelesCalifornia Court of Appeal · 1994
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3Cited by23 opinions
- People v. ParkCalifornia Supreme Court · 2013
- Caliber Bodyworks, Inc. v. Superior CourtCalifornia Court of Appeal · 2005
- Molenda v. Department of Motor VehiclesCalifornia Court of Appeal · 2009
- Donell v. KeppersDistrict Court, S.D. California · 2011
- Klajic v. Castaic Lake Water AgencyCalifornia Court of Appeal · 2004
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