PEOPLE v. TOWERS
Conviction for oral copulation was not a "strike" under Three Strikes Law where record did not negate possibility that offense was classified as a felony solely because it was committed by threatening retaliation, in which case it was not a serious felony as defined by statute at time of defendant's current conviction. Where defendant was convicted of burglary under a sister-state statute defining that crime as entering another person's residence with intent to commit an offense, and record of that conviction showed that the target offense was larceny, offense was equivalent to first degree burglary, a California serious felony. Mug shot from sister-state case, examined by court and determined to be that of defendant, although alleged by defendant to be too dark and blurry to permit valid identification, together with prison records showing that defendant and the person convicted in the sister state case had the same date of birth and the same tattoo, were sufficient to prove that defendant was the person convicted in the earlier case.
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