PEOPLE v. McGEE

No. S123474.

42 Cal.Rptr.3d 899 (2006)

38 Cal.4th 682

133 P.3d 1054

The PEOPLE, Plaintiff and Respondent, v. James Corey McGEE, Defendant and Appellant.

Supreme Court of California.

May 22, 2006.


Attorney(s) appearing for the Case

John Halley, Redwood City, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Seth K. Schalit, Stan Helfman, John H. Deist, George F. Hindall III and Jeffrey M. Laurence, Deputy Attorneys General, for Plaintiff and Respondent.


GEORGE, C.J.

Numerous California statutes subject a defendant who is convicted of a criminal offense to increased punishment if he or she previously was convicted of another offense. In determining whether a defendant is subject to increased punishment on the basis of a prior conviction, it sometimes is necessary to examine the record of the earlier proceeding to determine whether it involves the type of qualifying prior conviction that authorizes increased punishment...

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