Three Strikes Case
N/AOUTCOME: All charges dismissed or acquitted.
Client was charged with auto theft and two counts of attempted auto theft with two strike priors. At trial, client was acquitted of the two counts of attempted auto theft but convicted of auto theft. ... After a motion for a new trial, the trial court granted the motion and the matter was refiled by the District Attorney on one count of auto theft with two strike priors. At the subsequent preliminary hearing, the DA attempted to bring in evidence regarding the two counts of attempted auto theft that had been found not true by a jury. Based on our objection, the preliminary hearing judge excluded the evidence of the two counts of auto theft and eventually found a lack of evidence on the auto theft charge.
