Q: If I was charged with 3 strikes in 2 separate counts, do both counts need to allege 2 or more prior serious felonies?
In count 1, I was charged with 211pc, 1192.7(c)(B) pc, 12022.53(b)pc.
In count 2, I was charged with 12021(a)(1)pc, 667(a)(1)pc, 667(a)(1)pc, 667(c)(e)(2)pc. Count 2 was stayed at sentencing. So do I have to have 667(c)(e)(2) alleged in count 1 in order to have a 3 strikes conviction?
A:
In California, the "Three Strikes" law is complex and involves specific legal nuances. For a Three Strikes sentence, both counts must allege prior serious or violent felony convictions. In your case, Count 1 involves a robbery charge (211 PC) and enhancements under 1192.7(c)(B) PC and 12022.53(b) PC.
Count 2, which includes firearm possession and several enhancements, was stayed at sentencing. This means it does not directly impact the Three Strikes calculation. However, prior serious felony convictions can be used to enhance sentencing under the Three Strikes law, regardless of whether they are alleged in a specific count.
You should verify with legal counsel whether the priors in Count 2 impact the overall Three Strikes consideration. It is crucial to understand how prior felonies are alleged and proven in your case to determine their effect on sentencing.
Discussing your case with an attorney will provide more precise guidance tailored to your specific circumstances.
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