PEOPLE v. BARRAGAN

No. S105734.

9 Cal.Rptr.3d 76 (2004)

32 Cal.4th 236

83 P.3d 480

The PEOPLE, Plaintiff and Respondent, v. Antonio J. BARRAGAN, Defendant and Appellant.

Supreme Court of California.

January 29, 2004.


Attorney(s) appearing for the Case

John L. Staley, under appointment by the Supreme Court, Poway, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Robert M. Foster, Steven T. Oetting and Garrett Beaumont, Deputy Attorneys General, for Plaintiff and Respondent.


CHIN, J.

The so-called Three Strikes law prescribes increased punishment for a person who is convicted of a felony after sustaining one or more qualifying prior felony convictions or juvenile adjudications, which are commonly known as strikes. (Pen.Code, §§ 667, subds.(b)-(i), 1170.12.) The issue here is whether retrial of a strike allegation is permissible where a trier of fact finds the allegation to be true, but an appellate court reverses that finding...

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