3strikes in ca with out of state felonies

Asked over 1 year ago - Lake Isabella, CA

My husband is locked up for felony DUI in alaska. My children and I relocated to ca and he will join us when he is released. If he gets a DUI in ca would it count as a third strike?

We aren't from California so he does not have any prior strikes in California but I was reading how they could use his other prior felonies from other states as strikes should he ever get another felony. Unfortunately he led a rather wild younger life and has about 13 other felony charges I should state 11 of those were obtained in one day in a single arrest the other 2 are felony DUI s in alaska that were only counted as one for sentencing due to them being less than a year apart. He has NO history of violence or arson or any sex crimes in his past.

Attorney answers (1)

  1. Mark A. Broughton


    Contributor Level 16


    Lawyers agree

    Answered . You may be confused as to what a "strike" offense is. Not every felony conviction is a strike; a felony DUI is not a strike unless there are some other factors, such as someone was injured. But if the conviction in would qualify as a "strike" under California law, it can be used as a "strike prior" even though the conviction was from another state. This can become a hotly litigated issue in many cases. Obviously, the best thing to do is to start anew in California and not get in trouble again. Then his priors will not come back to haunt him.

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