P. v. Gear
Defendant appeals the trial court’s finding that his 1987 prior conviction for aggravated battery, sustained in Illinois, qualified as a serious felony under Penal Code section 1192.7, subdivision (c)(8).[1] He contends his plea was an Alford plea[2] that did not provide an independent factual basis to prove the underlying conduct, because he did not admit the conduct and he asserted an affirmative defense. We disagree. Defendant did not put forth an affirmative defense and did not maintain his innocence. Thus, we find defendant’s plea admitted the conduct required to establish the Illinois offense was a serious felony. Accordingly, we affirm the judgment.
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