In re Haden,

Docket NumberA158376
Decision Date05 June 2020
In 1998, Haden pleaded no contest to infliction of corporal injury on a spouse and admitted a special allegation of personal use of a deadly weapon The trial court found true special allegations under the Three Strikes Law and sentenced him to 25 years to life. Haden had two robbery convictions in North Dakota The court of appeal affirmed, finding that the convictions could constitute strikes although the elements of robbery under North Dakota law differed from those under California law...

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2 cases
  • In re Nelson
    • United States
    • California Court of Appeals
    • 21 Octubre 2020
    ... ... at p. 136, 226 Cal.Rptr.3d 379, 407 P.3d 55, fn. omitted.)56 Cal.App.5th 123 B. Retroactivity The Courts of Appeal that have considered Gallardo ’s retroactivity thus far are divided on the issue, and the question is pending before the California Supreme Court. (Compare, e.g., In re Haden (2020) 49 Cal.App.5th 1091, 1097-1100, 263 Cal.Rptr.3d 570, review granted Aug. 12, 2020, S263261 [ Gallardo does not apply retroactively to final convictions]; In re Scott (2020) 49 Cal.App.5th 1003, 1008-1009, 1015-1019, 263 Cal.Rptr.3d 534, review granted Aug. 12, 2020, S262716 ( Scott ) [same]; ... ...
  • People v. Bettasso
    • United States
    • California Court of Appeals
    • 5 Junio 2020