Another flavor of the prior conviction exception

Thanks to a reader tip, I can note a Colorado appeals court’s discussion of yet another aspect of the prior conviction exception.  In Colorado v. Martinez, No. 04-CA-2136 (Colo. App. Sept. 22, 2005) (available here), the court rejects the defendant’s suggested narrow reading of the exception (which, as noted here, is the Ninth Circuit’s approach) to hold that misdemeanor convictions do come within the exception.  The Martinez opinion effectively details that many (but not all) lower state courts have likewise held that misdemeanor convictions do come within the prior conviction exception.