PEOPLE v. NGUYEN

No. S154847.

46 Cal.4th 1007 (2009)

THE PEOPLE, Plaintiff and Respondent, v. VINCE VINHTUONG NGUYEN, Defendant and Appellant.

Supreme Court of California.

July 2, 2009.


Attorney(s) appearing for the Case

Mary J. Greenwood, Public Defender, Seth Flagsberg, Deputy Public Defender; The Law Offices of Douglas L. Rappaport, Douglas L. Rappaport and Michelle M. Thomson for Defendant and Appellant.

Seth Flagsberg, Deputy Public Defender (Santa Clara); and Michael Ogul, Chief Deputy Public Defender (Solano), for California Public Defenders Association as Amicus Curiae on behalf of Defendant and Appellant.

Jonathan Laba; Maureen Pacheco; Marsha Levick; Neha Desai; and Jessica Feierman for Pacific Juvenile Defender Center, Juvenile Law Center, Juvenile Division of the Los Angeles Public Defender, Alternate Public Defender, National Center for Youth Law and Youth Law Center as Amici Curiae on behalf of Defendant and Appellant.

Dallas Sacher for Sixth District Appellate Program as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Assistant Attorney General, Donald E. de Nicola, Deputy State Solicitor General, René A. Chacón, Laurence K. Sullivan, Eric D. Share and Amy Haddix, Deputy Attorneys General, for Plaintiff and Respondent.

Steve Cooley, District Attorney (Los Angeles), Lael Rubin, Phyllis Asayama and Roberta Schwartz, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.

Galit Lipa and Michael S. Romano for Criminal Defense Clinic and Mills Legal Clinic of Stanford Law School as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

BAXTER, J.

California's "Three Strikes" law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d))1 increases the maximum sentence for an adult felony offense upon proof that the defendant has suffered one or more qualifying "prior felony convictions"—a term that specifically includes certain prior criminal adjudications sustained by defendant, while a minor, under the juvenile...

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