P. v. Silas
Defendant was convicted by jury of burglary and attempted rape, each with use of a knife, and in a bifurcated court trial was found to have suffered two prior felony convictions, both of which qualified under the Three Strikes law. The case arose from an incident in which defendant entered a womans apartment with a knife, acted in a threatening manner, and later told police that he wanted to take the woman. On his appeal from the judgment, Court reversed one of the strike findings. (People v. Silas (March 22, 2006, B185226) [nonpub. opn.].) Court concluded that the finding, which arose from an Oklahoma conviction of assault and battery with a dangerous weapon, did not qualify as a strike because the essential element of defendants personal use of the weapon was based on inadmissible hearsay.Court reversed the finding and the matter was remanded for resentencing. (Id. at pp. 67.)
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