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Name: People v. Level
Case #: B149442
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 04/24/2002
Subsequent History: Rev. denied 7/10/02.
Summary

Appellant was charged with several felonies, and a prior “strike” for a 1987 robbery. The record reflected that appellant pleaded guilty under the terms of a plea bargain and was sentenced as an adult for that robbery offense. Appellant moved to strike the prior conviction because she was actually only 17 at the time of the offense. The trial court denied the motion, finding that she had waived any right to a juvenile court disposition of the prior action by allowing the matter to be fully adjudicated without ever raising the issue of her age. Appellant pleaded guilty and the strike allegation was found true. Here, the appellate court affirmed. Appellant was precluded by waiver and estoppel from asserting any rights she had as a juvenile in that action because she benefitted from the “fruits of her negotiated disposition.”