P. v. Schiltz
A jury convicted appellant David Schiltz of receiving, withholding or concealing a stolen vehicle (Pen. Code, 496d), unlawfully driving a vehicle (Veh. Code, 10851, subd. (a)) and evading an officer with reckless driving (Veh. Code, 2800.2, subd. (a)). The trial court subsequently found true the allegations that Schiltz had suffered three prior prison terms ( 667.5, subd. (b)) and two prior strike convictions ( 667, subds. (b) (i), 1170.12). Schiltz challenges the jury convictions based on alleged instructional errors. He also challenges the sentence, arguing his 1978 guilty plea to a robbery charge does not qualify as a prior strike conviction. Schiltz also asserts, and the People concede, People v. Trujillo (2006) 40 Cal.4th 165 mandates reversal of the true finding that his prior Nevada conviction qualified as a prior strike conviction. Court agree and therefore reverse that true finding and order the issue remanded for retrial if the People so decide. (Id. at p. 174; Monge v. California (1998) 524 U.S. 721.)
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