Fear Not Law Articles: P. v. Olivas

P. v. Olivas

Filed 2/14/07 P. v. Olivas CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta)

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THE PEOPLE,

Plaintiff and Respondent,

HENRY RICHARD OLIVAS,

Defendant and Appellant.

C051781

(Super. Ct. Nos. 04F7742, 05F4196)

Defendant Henry Richard Olivas appeals from the judgment entered following a court trial that resulted in his conviction in case No. 04F7742 for possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and in case No. 05F4196 for failing to appear (Pen. Code, § 1320, subd. (b)). The trial court also found true the allegation contained in both cases that defendant had suffered a 1975 â€

Description	Defendant appeals from the judgment entered following a court trial that resulted in his conviction in case No. 04F7742 for possession of methamphetamine (Health & Saf. Code, S 11377, subd. (a)) and in case No. 05F4196 for failing to appear (Pen. Code, S 1320, subd. (b)). The trial court also found true the allegation contained in both cases that defendant had suffered a 1975 "strike" conviction for robbery (Pen. Code, S 211) and sentenced defendant to a prison term of seven years four months. Defendant contends, and the People concede, that his sentence, enhanced based upon the prior conviction, is invalid. Court agree and remand for further proceedings.
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