Ca Penal Code Section 1192.7(C) - Interpretation

In People v. Guerrero (1988) 44 Cal. 3d 355, the Supreme Court held a trial court may look to the entire record of the prior conviction to ascertain the substance of the prior conviction. This type of an examination allows the court to determine whether the prior conviction was in fact a serious felony as listed in section 1192.7, subdivision (c), which includes conduct as well as offenses. (Guerrero, at pp. 347-348.) Subdivision (d)(1) of section 667 covers "any offense defined in subdivision (c) of Section 667.5 as a violent felony or any offense defined in subdivision (c) of Section 1192.7 as a serious felony in this state." Subdivision (d)(2) of section 667 provides that "a prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7."