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P. v. Foster CA5
Defendant Floyd Foster, Jr., was convicted of two counts of felony driving while intoxicated and one count of driving without a license. He was found to have suffered two prior “strike” convictions within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and one “super strike” conviction (§ 667, subd. (e)(2)(C)(iv)), and he was found to have served two prior prison terms (§ 667.5, former subd. (b)). The trial court struck the super strike conviction but nevertheless sentenced defendant to 25-years-to-life sentences as a third-strike defendant. In the opinion on his first appeal, we concluded that (1) the trial court erred in sentencing defendant as a third-strike defendant and (2) his prior prison term enhancements were required to be stricken.

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