PEOPLE v. MYERS

Docket No. S030607.

5 Cal.4th 1193 (1993)

857 P.2d 301

22 Cal. Rptr.2d 911

THE PEOPLE, Plaintiff and Respondent, v. VICTOR CRADDOCK MYERS, Defendant and Appellant.

Supreme Court of California.

September 30, 1993.


Attorney(s) appearing for the Case

COUNSEL

Paul McCarthy, under appointment by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Michael J. Weinberger, W. Scott Thorpe and Jane N. Kirkland, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BAXTER, J.

We are asked to decide whether a jury or, if jury trial has been waived, the court may look beyond the statutory elements of a crime of which a defendant was convicted in another state and consider the record of the prior conviction to determine whether the term "enhancement" created by Penal Code section 667, subdivision (a) (hereafter section 667(a)),1 has been established.

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