P. v. Pringle
Defendant Jeffrey James Pringle was convicted of burglary and receiving stolen property. The trial court sentenced him to six years in prison (three years doubled under California’s three strikes law based on a strike).
Defendant contends (1) he did not admit that his prior out-of-state conviction constituted a strike under California law; (2) even if he admitted a prior conviction, his admission was not knowing and voluntary; (3) the record does not support a finding that the prior conviction qualifies as a strike; and (4) defense counsel was ineffective in failing to challenge whether the prior conviction constituted a strike.
We agree with defendant (and the Attorney General) that defendant did not admit a prior strike conviction. We also agree that even though defendant waived his right to have the prior strike allegation determined by trial, there is insufficient evidence in the record to support a finding that his prior robbery conviction in Maine would constitute a prior serious felony conviction, and hence a strike, under California law. Accordingly, it is not necessary to address defendant’s second and fourth contentions.
We will vacate defendant’s sentence and remand the case to the trial court for further proceedings.
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