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Name: People v. Johnson
Case #: B138497
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/05/2000
Subsequent History: Petition for review den. & ordered depublished on 1/24/01
Summary

Depublished. Appellant entered a no contest plea to two drug offenses and admitted three prior prison terms as well as two prior juvenile adjudications and one prior “strike.” The juvenile adjudications were for residential burglary. Pursuant to the plea bargain, the court struck the juvenile adjudications and sentenced appellant to 15 years, 8 months in state prison. After sentencing, the California Supreme Court, in People v. Garcia (1999) 21 Cal.4th 1, held that a juvenile adjudication for residential burglary does not qualify as a strike. Appellant argued on appeal that he would not have entered his pleas and admissions had his counsel informed him that the juvenile adjudications were not prior strikes. The Court of Appeal here affirmed. A defendant who pleads guilty and admits an enhancement is not entitled to withdraw his plea and admission because a subsequent judicial decision has reduced the maximum penalty. Trial counsel was not ineffective by advising appellant that the prior juvenile adjudication was a “strike” because it was reasonable to rely on existing law at the time. Counsel cannot be faulted for a lack of clairvoyance.