Opinion
S231260
02-17-2016
PEOPLE v. GALLARDO (SULMA MARILYN)
B257357 Second Appellate District, Div. 6
Petition for review granted; issues limited
The petition for review is granted. The issue to be briefed and argued is limited to the following: Is the trial court's decision that defendant's prior conviction constitutes a strike incompatible with Descamps v. U.S. (2013) 570 U.S. __ (133 S.Ct. 2276) when it relied on judicial factfinding beyond the elements of the actual prior conviction?
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.