Alvarez

We consider on this appeal whether a plea bargain to strike a prior conviction precludes use of the conviction to aggravate the sentence. We conclude that it does not and affirm the judgment.

Facts

Defendant Frank Alvarez was charged with the taking of a pickup truck, in violation of Vehicle Code section 10851, and with the infliction of bodily injury while driving under the influence of intoxicating liquor, in violation of Vehicle Code section 23101. It was alleged that he had a prior first-degree robbery conviction (Pen. Code, § 211) committed with the use of a firearm (Pen. Code, § 12022.5) resulting in a separate prison term. Pursuant to a plea bargain, the Vehicle Code section 10851 charge was dismissed and the allegation of the prior felony conviction and prison term was stricken. Defendant then entered a plea of nolo contendere to the Vehicle Code section 23101 charge and was sentenced to prison for the upper term of three years. He appeals the sentence.

The record shows that defendant, while intoxicated, stole a pickup truck from a dealer’s lot. A short time later, the truck, while driven by defendant, collided with another vehicle whose driver was…