a person found guilty of armed robbery, cl 2, non-dangerous, non-repetitive & slightly mitigated also guilty of aggravated assault, cl 3, non-dangerous-repetitive.
prior felony's include 2 agg assault convictions, both cl 5
can those agg assault convictions be used as priors for the armed robbery sentencing. It would seem logical that they could not be used when that crime was considered non-dangerous-non-repetitive.
Lastly, these priors could not have been used as historical priors in sentencing because the prior agg asslt convictions were both class 5 felony's > 5 years old but could be used as prior felony convictions. According to sentencing ranges for that year would the armed robbery be considered a ND 1st offense (no historical priors) or a ND multiple offense (3rd)I was not talking about California, I was talking about Arisona (sorry for the misspelling but that key is not working on my keyboard)
There are no "class _" crimes in California, so it's difficult to answer your question. Prior felonies can be considered in CA for sentencing enhancement depending on how many you have, whether you served prison time, and whether the elements of the offences match those here in CA. You don't give any context to your question, so unfortunatly this very general answer is the best I can do.
Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.
Your post is factually deficient and procedurally incomplete. I cannot tell what you mean about using a prior en=vent and where it is being cosidered.
As stated by prior responder, there are no "class" crimes in California. Your reference to ND make matters confusing as whether or not you are referring to a case that is in California and the DA is trying to use prior convictions from North Dakota OR the case is in North Dakota and appears on this forum because you submitted the question from Torrance, CA.
Best place to get an answer is from the attorney representing the person who is being prosecuted.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
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