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People v. Minor8/31/2004
for Minor's suggestion the Italian court specifically intended to bar sentence enhancement for the Riverside crimes, the contention lacks any support. The court's own explanation of its reasons for denying extradition in the Riverside case made clear that its concern was only for what it deemed to be the unjust consequences of probation revocation in America. The court said nothing about sentence enhancement in the Orange County cases for which extradition was granted.
Significantly, the Italian court was explicitly informed of the Orange County District Attorney's intent to use the Riverside manslaughter conviction as a sentencing enhancement. The affidavit in support of the Orange County extradition request stated that the crimes in the assault on an officer case and the drunk driving case were charged as felonies because of the prior Riverside manslaughter conviction, and that sentencing enhancements were added to each case based on that conviction. Moreover, the affidavit set forth the penal consequences of the prior serious felony enhancement, if found true. Having been advised of these facts, the Italian court did not object to the use of the Riverside manslaughter conviction as an enhancing allegation.
We conclude that neither the extradition order nor the doctrine of speciality barred use of the manslaughter conviction as a sentence enhancement in the two cases before us. Consequently, the court acted within its authority in sentencing Minor based on the prior conviction enhancements.
*1440 DISPOSITION
The judgment is affirmed
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