P. v. Olivas
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.
Comments on P. v. Olivas