California v. ChaidesAnnotate this Case
The State alleged that defendant Ricardo Chaides had a prior felony conviction under Penal Code section 12025, subdivision (b)(3) and that this conviction constituted a strike for purposes of the three strikes law. The trial court sustained a demurrer to the strike prior allegation; it ruled that defendant’s prior conviction constituted only a misdemeanor violation of Penal Code section 186.22, subdivision (a). The State appealed. After review of the matter, the Court of Appeal concluded the trial court erred in sustaining the demurrer. "In ruling on the demurrer, it had to accept the allegations of the complaint as true; those allegations indicated that defendant had been convicted of an offense that would also constitute a felony violation of Penal Code section 186.22, subdivision (a). On remand, however, the evidence may show that Defendant’s offense of carrying a concealed firearm would constitute only a misdemeanor violation of Penal Code section 186.22, subdivision (a). In that event, defendant would be entitled to have the strike prior allegation found not true."