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Name: People v. Barkley
Case #: H031717
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 09/23/2008
Summary

The determination as to whether a prior conviction constitutes a “strike” offense is made on the date of the conviction and is not determined by the imposed sentence unless the initial sentence automatically converts the felony to a misdemeanor. Appellant challenged the use of a prior conviction for Penal Code section 245 as a “strike” in the instant matter, claiming that he had received a misdemeanor sentence for the offense. The appellate court, distinguishing People v. Glee (2000) 82 Cal.App.4th 99, rejected appellant’s argument. According to the record of the prior conviction, appellant entered into a plea agreement whereby he pled no contest to the assault, admitted that he committed a felony pursuant to Penal Code sections 667 and 1192.7, and admitted a great bodily injury enhancement. The trial court advised him that the conviction was a “strike” for future purposes. At sentencing, the enhancement was stricken and appellant was granted probation with a condition requiring him to serve 12 months in jail, concurrent with a separate felony prison sentence, probation to terminate upon completion of the jail sentence. Appellant was also ordered to comply with conditions that apply only to felony convictions. On this record, the appellate court found that the 12-month jail term was imposed as a condition of probation rather than being a sentence which would have resulted in reduction of the offense to a misdemeanor.