People v. Henley

Opinion

THAXTER, J.

A felony is “serious” if the defendant personally inflicts great bodily injury on any person other than an accomplice. When the prior conviction of such a felony is alleged for purposes of the three strikes law, must the prosecution prove that the injured party was not an accomplice? We will answer this question in the affirmative. Because the trial court placed the burden of proof on the defendant, and because substantial evidence does not support the court’s finding that the prior felony was serious, we will reverse.

Factual and Procedural Background

The underlying facts are…