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California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes

Loaded on Dec. 15, 2021 by Douglas Ankney published in Criminal Legal News January, 2022, page 25
Filed under: Juvenile Offenses/Offenders, Prior Felony Information, Relevant Conduct. Location: California.

by Douglas Ankney

The California Court of Appeal, Fifth Appellate District, held that Superior Courts are to consider only the elements of a juvenile’s prior adjudicated felony and not the juvenile’s conduct when considering a petition to recall his sentence under California Penal Code § 1170(d)(2)(B).

David Lee Harring, Jr., ...

 

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