P. v. McKinley CA3
Defendant Andrew Scott McKinley pleaded no contest to second degree burglary in case No. 16F6051, and to receipt of stolen property with an on-bail enhancement in case No. 16F3324. In return, he was promised the dismissal of the remaining counts in both cases and a court trial on an allegation that his 2002 conviction for first degree robbery in the state of Washington was a strike under California’s “Three Strikes” law. Based on certified documents presented to the trial court, the trial court found beyond a reasonable doubt that defendant’s 2002 Washington conviction was a strike under California law. The trial court sentenced defendant to an aggregate state prison term of nine years four months, which included doubling the terms on both current offenses for the strike.
Defendant now contends (1) in determining that his prior Washington conviction qualified as a strike, the trial court looked beyond the facts necessarily admitted as part of his plea; and (2) even if the
Comments on P. v. McKinley CA3