Rivadeneira

The principalquestion presented by this appeal is whether or not a trial court has the authority to “strike the punishment” for a prior robbery conviction alleged as an enhancement under Penal Code section 667, subdivision (a). On the authority of People v. Fritz (1985) 40 Cal.3d 227 [ 219 Cal.Rptr. 460 , 707 P.2d 833 ], we conclude that the court retains that authority.

Facts

On November 29, 1984, defendant was charged in an information with two residential burglaries in violation of section 459. Defendant was also charged with a prior attempted residential burglary, a prior residential burglary, and a prior robbery, all serious felonies under section 667, subdivision (a).

On February 20, 1985, the defendant appeared in court and the prosecutor told him that the court would sentence him to the high term of six years on each of the burglary counts, the sentences to run concurrently. In addition, the prosecutor stated that the court would either stay or strike the prior robbery conviction so that respondent would not serve an additional five years if respondent pled guilty to each of the burglary charges and admitted the prior robbery conviction.

The prosecutor said…