Legal Opinion

People v. Eslava

California Court of Appeal

Decided November 14, 2016No. A142881PublishedCited by 1 opinion

1Opinion of the Court

Opinion

STREETER, J.

This case comes to us on appeal a second time following defendant Mario Eslava’s conviction on a jury verdict finding him guilty of voluntary manslaughter. In the first appeal, we affirmed the conviction and an accompanying weapons use enhancement, but reversed Eslava’s 18-year prison sentence and remanded for a bench trial to determine whether a prior conviction for battery resulting in serious bodily injury qualifies as a sentence-enhancing strike and serious felony. Eslava pled guilty to the battery in 2009.

The linchpin issue on remand was whether the record of…

2Cases cited39 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. Neder v. United StatesSupreme Court of the United States · 1999
  5. Shepard v. United StatesSupreme Court of the United States · 2005

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3Cited by1 opinion

  1. People v. GallardoCalifornia Supreme Court · 2017

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