Legal Question in Criminal Law in California
In regards to the srikes and the Romero hearing. The 3 srikes law was passed in 1994. From 1994 to present, whether a juvenile or adult, if you're convicted of violent or serious felony it counts as a strike the judge must stipulate to you this is a strike and recorded in the transcripts. A defendant i talked too has serious felonies in 1989 and 1992, he challenged them on Romero and the judge struck the strikes. I've heard that it must be in the court transcripts that in order for the strike to stand, the judge must say to the defendant at the time that this is a strikeable offense. Otherwise if it's not in the court transcripts, they must dismiss the strike. True or False????
Asked on 10/22/10, 10:34 pm
1 Answer from Attorneys
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