People v. Griffis
212 Cal. App. 4th 956
| Cal. Ct. App. | 2013Background
- Griffis pled guilty to possession of methamphetamine and receiving stolen property; sentenced to 2 years 8 months due to prior Washington felonies.
- Realignment Act §1170(h) directs most offenders to county jail unless disqualifying factors apply (serious/violent felonies, sex-offender registration, or certain enhancements).
- Griffis contends prior Washington convictions were not pled or proven to a jury and may not qualify as strikes, entitling him to county jail under Realignment.
- Plea hearing contemplated a 2 years 8 months lid for both drug and property cases; sentencing reflected that the court could impose jail or prison depending on eligibility factors.
- Trial court relied on a probation report noting multiple felonies but did not clearly establish Washington priors as California-strike equivalents; People argued they could be strikes.
- Court remanded for resentencing when insufficiency of evidence showed the Washington priors did not establish strikes under California law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior Washington convictions must be pled and proved to affect jail vs. prison under Realignment. | Griffis argues Lo Cicero requires pled prior convictions to affect sentence. | Griffis argues the disqualifying factors must be pled and proven to deny county jail. | No pleading/proof requirement; priors used to determine jail vs. prison do not need to be pled. |
| Whether §1170, subd. (f) implies a pleading requirement for disqualifying factors under Realignment. | Realignment intent suggests a pleading requirement for eligibility factors. | Section 1170(f) precludes 1385 dismissal to alter prison vs. jail, implying pleading requirement. | §1170(f) does not create a pleading requirement; factors need not be pled. |
| Whether the Washington priors qualify as strikes under the Three Strikes Law. | Prior foreign convictions should count if they meet California’s serious/violent felony standards. | Record insufficient to prove the Washington priors are California strikes. | Insufficient evidence; remand for new proof of whether priors qualify as strikes. |
Key Cases Cited
- People v. Lo Cicero, 71 Cal.2d 1186 (Cal. 1969) (implied pleading/proof requirement for prior convictions when increasing penalties)
- People v. Ford, 60 Cal.2d 772 (Cal. 1964) (prior conviction must be charged and proved if it increases punishment)
- In re Varnell, 30 Cal.4th 1132 (Cal. 2003) (no implied pleading for disqualifying prior under Prop. 36)
- People v. Lara, 54 Cal.4th 896 (Cal. 2012) (core concern is jury authorization of sentence; limits implied pleading rule)
- People v. Jenkins, 140 Cal.App.4th 805 (Cal. App. 2006) (record must show element match to California strikes when prior foreign conviction used as strike)
- Monge v. California, 524 U.S. 721 (U.S. 1998) (no double jeopardy bar to sentencing proceedings)
- People v. Monge, 16 Cal.4th 826 (Cal. 1997) (no double jeopardy bar to sentencing proceedings)
- People v. Avery, 27 Cal.4th 49 (Cal. 2002) (foreign convictions and their treatment in sentencing analysis)