Practice question
A sentencing record shows two homicide convictions and a present estafa conviction, but no other prior qualifying offense. The prosecutor says that any third conviction for any crime necessarily establishes habitual delinquency. Which is best?
- The specified offense list must be satisfied; a general count of unrelated convictions does not establish Article62(5) habitual delinquency
- Every third conviction qualifies regardless of offense
- Homicide is expressly the only predicate offense
- Estafa is never relevant
- The court may amend the statutory list by analogy
Legal references
- RA7659, Section23, Article62(5): https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html
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