People v. GibsonAnnotate this Case
Defendant appealed his conviction for attempted robbery. In the published portion of the opinion, the court addressed defendant's claim that insufficient evidence supported the trial court’s finding that a prior 2011 assault conviction constituted a strike under the “Three Strikes Law.” Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d). The trial court admitted a certified prison packet "by reference" only and did not retain it in the court's records in violation of the Penal Code. The court concluded that such error was harmless because the court has reviewed a certified copy of the packet, which demonstrated defendant’s prior assault conviction was, in fact, a strike. Accordingly, the court affirmed the judgment.