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Name: People v. Flood
Case #: C040171
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/05/2003
Subsequent History: None

Appellant pleaded no contest in November 2001, to a September 2000 assault with a deadly weapon. He admitted suffering a November 2000 strike conviction. In exchange, a count of attempted premeditated murder was dismissed along with additional enhancements. He was sentenced to a stipulated term of 12 years and obtained a certificate of probable cause. On appeal, he argued that the matter had to be remanded for resentencing because the November 2000 prior conviction was not a strike. The appellate court agreed that the Three Strikes Law did not apply because appellant did not commit the present felony after having previously committed a serious or violent felony. The error was not waived by stipulating to the factual basis for the strike allegation. However, appellant was not entitled to a reduction of his stipulated prison sentence, as he gained the benefit of his plea bargain (i.e. dismissal of the attempted murder charge and enhancements.) Therefore, the judgment was affirmed.