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Name: People v. Barro
Case #: B144905
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 10/24/2001
Subsequent History: None

Appellant was convicted of a drug offense and admitted a “strike” based on a prior mayhem conviction, which had been dismissed pursuant to Penal Code section 1385 at the end of a probationary period as a part of the plea bargain agreement. The appellate court here found the sentence unauthorized, since it was dismissed under section 1385. Although under the terms of the plea bargain appellant was advised that the conviction would still be “priorable,” dismissal under section 1385 operates as a matter of law to erase the prior conviction, and a contrary conclusion is not compelled because of the plea bargain agreement. Therefore, appellant’s four year term was modified to two years.