Ellis

Penal Code section 667, subdivision (a), provides for imposition of a five-year enhancement where a defendant has been previously convicted “of any offense committed in another jurisdiction which includes all of the elements of any serious felony, ...” (All further references to statutes are to the Penal Code unless otherwise indicated.) In this case, we consider whether a defendant, as part of a plea bargain, can lawfully admit that a prior conviction for federal bank robbery is a serious felony even though it does not include all the elements of any serious California felony as a matter of law. We conclude People v. Jackson (1985) 37 Cal.3d 826 [ 210 Cal.Rptr. 623 , 694 P.2d 736 ] does not allow a defendant to admit in the trial court that a non-Califomia offense qualifies as a serious felony when, as a matter of law, it does not. However, we further conclude defendant is estopped to urge the error on the record before us.

Procedural Background

Defendant was charged with one count of residential burglary (§ 459), four felony counts arising out of the thefts of vehicles (§§ 487, subd. 3, 496, 666, and Veh. Code, § 10851), and eight counts of passing bad checks (§ 470),…