Legal Question in Criminal Law in California

Re: strike

Yes, it can be attacked in two main ways:

1 - that it's not a strike under California law. The elements of the out of state prior must match those of California's corresponding crime that's listed as a strike. For example, a residential burglary is a strike in California. A burglary of an attached garage would count as a strike in California, but a detached garage would not. Other states may count a detached garage as "residential burglary," making it look like a strike on your record even though it's truly not.

2 - It can also be stricken by the court under a Romero motion and Penal Code section 1385.

The DA must be able to prove the strike against you in order for it to be imposed. If they can't, either because they can't meet the elements or more commonly they can't get a copy of the actual conviction, it can't be imposed either.

Re: strike

It's up to the current judge to 'disregard' strikes or not. That is what is meant by 'striking a strike'. Your attorney can try for it. Never hurts to try. If you're seeking legal counsel for your case, feel free to contact me.

Re: strike

It's up to the current judge to 'disregard' strikes or not. That is what is meant by 'striking a strike'. Your attorney can try for it. Never hurts to try. In past, I've gotten judges to strike all prior strikes for 'good cause' so that what would have been a 3rd Strike case [25-life] was only sentenced on the basic charge without enhancement. If you're seeking legal counsel for your case, feel free to contact me.

Re: strike

Yes, the judge on your current case here in California has the authority and discretion to disregard prior out of state strike for sentencing purposes. Your lawyer will have file a so-called Romero motion.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com