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.
Case Summaries