Prior conviction

Prior convictions can enhance sentences in various ways.

Proving a prior conviction

Apprendi issue

As a general rule, under Apprendi and the Sixth Amendment right to trial by jury, any fact that increases a sentence beyond the statutory maximum must be found by a jury. The big exception to this rule are prior convictions.

Hearsay

Paper records of a prior conviction are not usually not excluded by the hearsay rule.

Evidence Code section 452.5

(a) The official acts and records specified in subdivisions (c) and (d) of Section 452 include any computer-generated official court records, as specified by the Judicial Council which relate to criminal convictions, when the record is certified by a clerk of the superior court pursuant to Section 69844.5 of the Government Code at the time of computer entry.

(b)

(1) An official record of conviction certified in accordance with subdivision (a) of Section 1530, or an electronically digitized copy thereof, is admissible under Section 1280 to prove the commission, attempted commission, or solicitation of a criminal offense, prior conviction, service of a prison term, or other act, condition, or event recorded by the record.

(2) For purposes of this subdivision, “electronically digitized copy” means a copy that is made by scanning, photographing, or otherwise exactly reproducing a document, is stored or maintained in a digitized format, and bears an electronic signature or watermark unique to the entity responsible for certifying the document.

Prior felony convictions versus prior misdemeanor convictions

People v. Duran (2002) 97 Cal.App.4th 1448 say that records of misdemeanor convictions are admissible under EC452.5. People v. Wheeler (1992) 4 Cal.4th 284 say that only misdemeanor conduct, not a misdemeanor conviction, is admissible. It should be noted Wheeler was decided in 1992, before EC452.5 was adopted in 1996.