P. v. Flynn
Defendant appeals from the judgment entered following a jury trial in which he was convicted of possession of a controlled substance (Health & Saf. Code, 11350, subd. (a)). Following a court trial, he was found to have suffered one prior conviction and served a prison term within the meaning of Penal Code section 667.5, subdivision (b). Imposition of sentence was suspended and he was placed on probation pursuant to Penal Code section 1210.1, upon various terms and conditions. He contends the true finding that appellant suffered a prior prison conviction must be stricken because it was never pled in the information. During the pendency of this appeal, respondent filed a request for judicial notice and proposed order that this court take judicial notice of the trial courts minute order dated January 31, 2007. Court have done so. The order reflects that on January 31, 2007, appellant admitted a violation of probation and was sentenced to the middle term of two years. Pursuant to the Peoples motion, the 1 year prior pursuant to Penal Code section 667.5(b) [was] ordered stricken. Appellant advised this court that he did not oppose the request for judicial notice and proposed order and further agreed that the issue whether the trial court erroneously imposed a one year prior prison term enhancement was moot.
The appeal is dismissed.
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