P. v. Glasser
The People appeal from an in limine order of the trial court dismissing allegations that Eben D. Glaser had previously been convicted in Washington state of a second degree robbery on August 8, 1989, which constituted both a serious and/or violent felony under Penal Code section 667, subdivision (a)[1]and a strike under the three strikes law ( 667, subds. (b)-(i); 1170.12). The People contend the challenged order is appealable under section 1238, subdivisions (a)(1), (a)(2), (a)(8), and (a)(10); and that the trial court erred as a matter of law in determining that the Washington state prior conviction did not contain all the elements of a California robbery for purposes of the serious felony enhancement and three strikes sentencing. Court agree and accordingly reverse and remand for further proceedings on those allegations.
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