[DOWNLOAD] "People V. Leng" by California Court of Appeals ~ Book PDF Kindle ePub Free

eBook details

Title: People V. Leng
Author : California Court of Appeals
Release Date : January 30, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

Penal Code section 667, subdivision (d)(3) provides that a prior juvenile adjudication may constitute a strike if the offense is contained within Welfare and Institutions Code section 707, subdivision (b), or defined as a serious or violent felony by Penal Code sections 667.5 or 1192.7. In this case, appellant Koy Lengs prior juvenile adjudication was not proved to be either a serious or violent felony offense, but it was an offense enumerated in Welfare and Institutions Code section 707, subdivision (b). Appellant asserts the use of a nonserious, nonviolent juvenile adjudication to impose a second strike sentence is contrary to the intent of the three strikes law and violates his right to equal protection of the laws. We agree and will reverse and remand the matter for further proceedings.