P. v. Gonzalez
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In this appeal, the defendant, Francisco Gonzalez, was challenging the court's decision that his previous conviction constituted a "strike" under the "Three Strikes" law, following amendments to the law by Assembly Bill No. 333. The Fifth Appellate District Court of Appeal in the State of California affirmed the lower court's decision. The court concluded that the defendant's previous conviction, which was for a gang-related felony, remained a "strike" under the Three Strikes law, despite changes to the law. The court made this decision based on the language of the law, which stipulates that the status of a prior conviction as a strike is determined by whether the prior offense qualified as a strike at the time of the prior conviction.
The defendant also contended that the court's decision to impose upper-term sentences based on specified factors in aggravation was unauthorized. The court rejected this argument, stating that the court had properly considered the defendant's prior convictions as factors relating to the defendant and that this did not involve an unconstitutional delegation of power. Therefore, the court affirmed the judgment against the defendant.
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