People v. McCaw
Annotate this CaseDefendant was convicted of attempted voluntary manslaughter and sentenced to 21 years in prison. The sentence included, inter alia, a doubling of the term for attempted voluntary manslaughter due to defendant's 1999 New York conviction for attempted third degree robbery, which counted as a strike under the three strikes law, Penal Code 667, subds. (b)-(i), 1170.12, subds. (a)-(d), and a five-year enhancement for the serious felony, Penal Code 667, subd. (a). The court concluded that the trial court’s finding in the third recidivism trial that the conduct underlying defendant’s New York conviction would constitute attempted robbery in California constitutes the type of judicial fact-finding prohibited under the Supreme Court’s interpretation of the Sixth Amendment in Descamps v. United States. Accordingly, the court reversed the trial court's determination that the plea colloquy in connection with the New York conviction demonstrated that the New York offense qualified as a serious felony and strike under California law.
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