People v. Warner

97 P.3d 811, 18 Cal. Rptr. 3d 869

Opinion

18 Cal.Rptr.3d 869 (2004) 97 P.3d 811

PEOPLE
v.
WARNER.

No. S126233.

Supreme Court of California.

September 15, 2004.

The issue to be briefed and argued is limited to the following: Does defendant's prior conviction of sexual assault of a child under Nebraska Revised Statutes, section 28-320.01 qualify as a serious felony for sentencing purposes in California although the Nebraska statute does not include all of the elements of any felony under California law amounting to a "lewd and lascivious act on a child under the age of 14 years" within the meaning of Penal Code section 1192.7, subdivision (c)(6)?

GEORGE, C.J., KENNARD, WERDEGAR, CHIN, BROWN, and MORENO, JJ., concur.