Use of Expunged Felonies as Strikes |
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Even a prior felony conviction that has been expunged may be used as a
strike. (People v. Daniels (1996) 51 Cal.App.4th 520, 524, 525.) Welfare
and Institutions Code sec. 1772 provides that if a person is honorably
discharged from control by the Youthful Offender Parole Board, the superior
court may set aside the verdict of guilty and dismiss the accusation or
information against the person, who shall thereafter be released from all
penalties and disabilities resulting from the offense or crime for which he was
committed to the Youth Authority. "The Three Strikes law is not a
rehabilitative statute," the court observed, and "the rehabilitative goals of
the Youth Authority Act are not furthered by relieving defendant of the
consequences occasioned by commission of another offense." (Id. at
525-526.) The court blithely disregards the psychological effect of a clean
slate on a young person's prospects for rehabilitation. In People v.
Franklin (1997) 57 Cal.App.4th 68, 71, 73, the court held that a qualifying
conviction counts as a strike even though it was reduced under Penal Code sec.
17, subdivision (c) from a felony to a misdemeanor on the defendant's discharge
from the Youth Authority. According to Daniels and Franklin, a
person with no prior felony conviction on his record may have a strike for
purposes of the Three Strikes law. Does the public know this?
Please send questions or comments to factsla@sbcglobal.net.
Everything on this web site can be distributed to the general public,
reprinted, or reposted without permission of Families to Amend California's
3-Strikes.
Date last modified: 12/7/99.
