P.

I. INTRODUCTION

A jury found defendant and appellant Eva Marie Castillo guilty of possession of

methamphetamine in violation of Health and Safety Code section 11377, subdivision (a)

(count 1) and possession of methamphetamine while in a penal institution in violation of

Penal Code section 4573.6 (count 2). In a bifurcated trial, defendant admitted an

allegation that she had been convicted of gross vehicular manslaughter while intoxicated

in violation of Penal Code section 191.5, subdivision (a),1 a serious and violent felony for

purposes of the “Three Strikes” law.

The court denied defendant’s request to dismiss the strike allegation pursuant to

section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).

She was sentenced to a prison term of two years, to be served consecutively to her

sentence of eight years for other matters not before the court.

On appeal, defendant claims the trial court erred in admitting evidence of two

prior incidents under Evidence Code section 1101, subdivision (b). Defendant further

argues she should be permitted to withdraw her plea as to the strike prior allegation

because it was based upon a mistaken belief that…