Failing to reach the issue of whether appellant was ineligible for deferred entry of judgment where he admitted a “strike” prior, the Court of Appeal did hold that the trial court has no power to “overrule” the prosecution’s determination that appellant was ineligible for deferred entry of judgment based on conduct covered by charges dismissed pursuant to a plea bargain. The court noted that when facts in a dismissed count are transactionally related to the offense to which a defendant pleaded guilty, the rule of People v. Harvey (1979) 25 Cal.3d 754, which prevents a sentencing court from considering the facts underlying a dismissed charge, must yield where those facts are relevant to a determination of whether a defendant is eligible for deferred entry of judgment.