People v. Roberts
195 Cal. App. 4th 1106
| Cal. Ct. App. | 2011Background
- Defendant Michael Roberts pleaded guilty to assault on a peace officer, grand theft, and evading an officer, and admitted a Washington conviction but disputed it as a strike.
- The People sought to prove the Washington conviction was a strike under Three Strikes using (a) the Washington record and (b) the prosecutor’s factual recitation from the Washington plea/sentencing hearing.
- The trial court admitted the prosecutor’s recitation as a hearsay adoptive admission and relied on postplea statements by Roberts, his counsel, and the victim to find a strike.
- Under Guerrero, the court could look to the entire record of the conviction, but admissibility depended on what the record actually reflected and what could be considered reliable facts.
- The Court of Appeal held the prosecutor’s recitation was hearsay and not an adoptive admission, the postplea statements were not part of the record, and the admissible record failed to establish that the Washington conviction was a strike; the judgment was reversed and remanded for potential retrial or resentencing without the strike.
- The matter was remanded with instructions that the prosecution may retry the strike using evidence that is within the entire record of the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prosecutor’s Washington recitation is admissible as an adoptive admission. | People contends the recital is adoptive admission supporting the strike. | Roberts contends the recital is hearsay and not an adoptive admission. | Admission error; prosecutor’s recital not admissible as adoptive admission. |
| Whether postplea statements can be considered part of the record of conviction to prove a strike. | People relies on Guerrero; the postplea statements may be admissible. | Roberts argues postplea statements are not part of the record of conviction. | Postplea statements inadmissible to prove the strike. |
| Whether the admissible record supports that the Washington conviction is a strike. | If admitted facts show great bodily injury, the Washington conviction qualifies. | Record shows only minimal elements; not a strike. | Insufficient admissible evidence; strike finding not supported. |
Key Cases Cited
- People v. Guerrero, 44 Cal.3d 343 (Cal. 1988) (defines record of conviction and admissible materials for strikes)
- People v. Reed, 13 Cal.4th 217 (Cal. 1996) (preliminary hearing excerpts can be part of record of conviction)
- People v. Trujillo, 40 Cal.4th 165 (Cal. 2006) (probation reports/postplea admissions; limits on postplea statements as record evidence)
- People v. Thoma, 150 Cal.App.4th 1096 (Cal. App. 2007) (postplea admissions and Guerrero/Trujillo interplay)
- People v. Miles, 43 Cal.4th 1074 (Cal. 2008) (prosecution bears burden to prove strike beyond reasonable doubt; use of entire record)
- People v. Delgado, 43 Cal.4th 1059 (Cal. 2008) (strike analysis and entire record concept)
- People v. Lopez, 129 Cal.App.4th 1508 (Cal. App. 2005) (impeachment vs. hearsay; tactical considerations in objections)
- People v. French, 43 Cal.4th 36 (Cal. 2008) (defense counsel’s agreement cannot concede aggravating factors for upper term)
- People v. Sohal, 53 Cal.App.4th 911 (Cal. App. 1997) (adoptive admission in context of strike proof; distinguishing Alford plea situations)
- People v. Abarca, 233 Cal.App.3d 1347 (Cal. App. 1991) (admission basis under Evid. Code 1220; relation to prior conviction as strike)