People v. Saez

BANKE, J.,

Concurring.- — -I concur in the judgment. I agree the United States Supreme Court in Descamps v. United States (2013) 570 U.S. _ [186 L.Ed.2d 438, 133 S.Ct. 2276] (Descamps) enunciated Sixth Amendment principles compelling the conclusion California’s approach to determining whether a prior conviction constitutes a “strike,” as reviewed and upheld in People v. McGee (2006) 38 Cal.4th 682 [42 Cal.Rptr.3d 899, 133 P.3d 1054] *1210(McGee), does not survive federal constitutional scrutiny.1 I doubt, however, the record of conviction in connection with defendant’s plea to false imprisonment…