P. v. Kimball CA4/2
This is defendant’s second appeal challenging the trial court’s decision to treat his Montana convictions as strikes. In his first appeal, we reversed the court’s true finding on those convictions and remanded with instructions to review the record of conviction to determine what facts were necessarily found or admitted at the prior proceeding. (People v. Kimball (Mar. 6, 2019, E068330) [nonpub. opn.] (Kimball I).) On remand, the sentencing court again found the Montana convictions are strikes. We again reverse the court’s true findings as to defendant’s two alleged strike priors arising out of his convictions in Montana. In all other respects, we affirm.
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